Village of East Troy, WI Building Construction

Building permit required. No one- or two-family dwelling, public building or place of employment of which initial construction shall be commenced after the effective date of this chapter shall be built, enlarged, altered or repaired (which shall include heating, ventilation and air conditioning) unless a building permit for that work shall first be obtained by the owner, or his/her agent, from the Building Inspector. Application for a building permit shall be made in writing upon that form designated as the Wisconsin Uniform Dwelling Permit Application, furnished by the Department of Safety and Professional Services, or municipal building permit, as the case may be.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Additions; alterations; repairs. Additions, alterations or repairs to existing one- and two-family dwellings shall be governed by the provisions of the Wisconsin Uniform Building Code as adopted herein.

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.

Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.

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 use to which said building is to be put, and such other information as the Building Inspector may require.

Site plan.

Site plan approval. All applications for building permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residentially zoned districts, shall require site plan approval by the Plan Commission in accordance with the requirements of this section. The applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Plan Commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.

Administration. The Zoning Administrator or Building Inspector shall make a preliminary review of the application and plans and refer them, along with a report of his/her findings, to the Plan Commission. The Plan Commission shall review the application and may refer the application and plans to one or more expert consultants selected by the Plan Commission to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Plan Commission shall authorize the Building Inspector to issue or refuse a building permit.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Requirements. In acting on any site plan, the Plan Commission shall consider the following:

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

The layout of the site with regard to entrances and exits to public streets, the arrangement and improvement of interior roadways, and the location, adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.

(c)

The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

(d)

The landscaping and appearance of the completed site. The Village Board may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.

Effect on municipal services. Before granting any site approval, the Village Board may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Building Inspector or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Plan Commission shall not issue the final approval until the Village has entered into an agreement with the applicant regarding the development of such facilities.

Appeals. Denials of building permits contingent upon site plan approval may be appealed to the Board of Appeals by filing a notice of appeal with the Village Clerk within 30 days of the denial.

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

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 subdivision and required improvements are accepted by the Village Board.

Plans. With such application, there shall be submitted two complete sets of plans and specifications, including a 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 Village 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.

Waiver of plans; minor repairs.

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.

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 $500, as determined by the Building Inspector, including market value of labor, which do 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.

Approval of plans.

If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the Village, and all applicable laws and orders of the State of Wisconsin, he 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/her discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building.

Inspection of work. The contractor shall notify the Building Inspector when ready and the Building Inspector shall inspect all buildings upon completion of the foundation forms or before the foundation is laid and again when ready for lath and plaster, or before drywall or paneling is applied. After completion, he/she shall make a final inspection of all new buildings and alterations. Before final inspection, and as a condition of the issuance of an occupancy permit, a registered land surveyor shall inspect and submit an as-built survey showing the location of all newly constructed buildings and their grades, as well as certify to the Building Inspector that the as-built conditions substantially conform to the plans and specifications previously submitted to and approved by the Building Inspector. The Building Inspector, in his/her sole discretion, shall have the authority to waive minor discrepancies and/or waive the requirement for an as-built survey when it is clear the improvements are located so as to comply with zoning or any other such requirements. The bond paid by contractor under § 210-2M shall not be released until the final inspection is complete. The Building Inspector, in his/her sole discretion, may grant occupancy where weather conditions do not permit completion of the final grading. When the Building Inspector has granted occupancy prior to the final inspection's completion, the bond paid by contract under § 210-2M shall be held until the contractor completes the final inspection.

[Amended 8-19-2019 by Ord. No. 2019-12]

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 one year from the date of issuance thereof. Permits may be renewed for one additional six-month term for just cause unless it is new construction governed by the Uniform Dwelling Code or Commercial Building Code, which supersede this section.

[Amended 6-15-2015 by Ord. No. 2015-02]

Revocation of permits.

The Building Inspector or the Village Board may revoke any building, plumbing or electrical permit, occupancy permit, 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:

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 refuses to conform after written warning has been issued to him/her.

[Amended 6-15-2015 by Ord. No. 2015-02]

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.

(f)

Whenever there is a violation of any of the conditions of an approval or occupancy permit given by the Building Inspector for the use of all new materials, equipment, methods of construction, devices or appliances.

[Amended 6-15-2015 by Ord. No. 2015-02]

The notice revoking a building, plumbing or electrical permit, occupancy permit 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.

[Amended 6-15-2015 by Ord. No. 2015-02]

A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Building Inspector.

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.

Report of violations. Village officers shall report at once to the Building Inspector any building which is being carried on without a permit, as required by this chapter.

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.

Construction bonds.

[Added 8-19-2019 by Ord. No. 2019-11]

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

RIGHT-OF-WAY

Includes all portions of a highway dedicated to the public, including paved/asphalted portions, drainage ways, ditches, swales, culverts, curbs and gutters and other drainage structures.

Construction bond required. A construction cash bond of $1,500 shall be submitted to the Building Inspector prior to the issuance of a building permit where:

The proposed construction is to be located on a parcel of land that has access to a Village road and the Building Inspector determines that damage to the right-of-way is possible; and/or

The proposed construction is subject to an inspection required under § 210-2H.

Condition of right-of-way to be documented. An applicant required to submit a construction bond because the proposed construction is to be located on a parcel of land that has access to a Village road shall, at the time of submittal, provide photographs or video documentation as to the condition of the right-of-way adjacent to the parcel that has access to a Village road upon which the construction will be taking place.

Inspection and determination for release of bond. Upon written notification that final grading has been completed by the property owner or his/her designee, and after completion of a final inspection under § 210-2H, the Building Inspector shall inspect the right-of-way to ensure that no damage is present. If no damage is present, the Building Inspector shall submit approval to the Village Treasurer to release the funds to the original payer. The Building Inspector may also partially refund the construction bond or request additional monies be collected due to damage that has occurred above and beyond the initial deposit to the right-of-way or due to additional monies needed to address drainage issues discovered during the inspection required under § 210-2H.

Release to payer of bond. The construction bond will be released to the original payer (homebuilder, contractor, homeowner, etc.). If the construction bond was issued by someone other than the property owner, a copy of the check will be sent to the property address so that the property owner/resident is aware of the construction bond refund. It shall be the Village policy to refund the construction bond to the original payer in all cases, unless the payer submits otherwise in writing to the Village Treasurer prior to the release of the refund. In the instance where the original payer is not available or cannot be found (deceased, bankrupt, or other unknown reasons) and all reasonable efforts have been made to refund the construction bond, the funds will be treated as unclaimed monies under the Uniform Unclaimed Property Act.

(6)

Increased amount of construction bond. Where, in the opinion of the Building Inspector, after consulting with the Director of Public Works, the amount of the construction bond needs to be increased due to the nature of the intended construction, the amount of the required bond shall be adjusted accordingly.

(7)

Special charges. If the owner or payer of the bond fails to replenish the required deposits or fails to reimburse the Village for costs the Village has incurred, the owner hereby consents to the Village's imposing a special charge upon the real property for any amounts due to the Village under this subsection plus any costs the Village has incurred in attempting to collect the amounts due. This special charge shall become a lien upon the property. The owner hereby waives any rights it may have to any notices or hearings with respect to the special charge imposed under Wis. Stats. § 66.0627.

§ 210-3 State Uniform Dwelling Code.

Adoption of code.

The State Uniform Dwelling Code, Chapters SPS 320 to SPS 325 of the Wisconsin Administrative Code, and subsequent revisions are adopted for municipal enforcement.

[Amended 6-15-2015 by Ord. No. 2015-02]

Any act required to be performed or prohibited by an Administrative Code provisions 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 Village. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the offices of the Building Inspector and Village Clerk unless available on-line.

[Amended 12-16-2019 by Ord. No. 2019-18]

Existing buildings.

The Wisconsin Uniform Dwelling Code shall also apply to buildings and conditions where:

An existing building is to be occupied as a one- or two-family dwelling, which building was not previously so occupied.

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 Village Assessor.

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 § 210-2 shall also apply.

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.

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.

Definitions. As used in this section, the following terms shall have the meanings indicated. All other terms are defined as those terms are defined by the above-cited Wisconsin Administrative Code provisions.

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.

CERTIFIED INSPECTOR

In the context of this section, the terms "certified inspector" and "Building Inspector" shall be deemed synonymous and interchangeable and shall include the officer designated by the Town of East Troy to enforce the provisions of this chapter when the Village inspector is unable to act.

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; or

ONE- OR TWO-FAMILY DWELLING

An existing structure, or that part of an existing structure, which is used or intended to be used as a one- or two-family dwelling.

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.

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 Administrative Code provisions and any future amendments, revisions or modifications thereto contained in the following chapters of the Wisconsin Administrative Code:[1]

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.

(6)

Chapter SPS 325, Plumbing.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Method of enforcement.

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 § SPS 305.63, Wis. Adm. Code.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Subordinates. The Building Inspector may appoint, as necessary, subordinates as authorized by the Village Board.

Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling Code.

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.

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.[3]

[3]

Editor's Note: Original § 15-1-3(e), Enforcement contract, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 210-4 Construction standards; additional codes adopted.

[Amended 6-15-2015 by Ord. No. 2015-02]

Commercial Building Code. Chapter SPS 360, Erosion Control, Sediment Control and Storm Water, and Chapters SPS 361 to SPS 366 (Wisconsin Commercial Building Code) of the Wisconsin Administrative Code are hereby adopted and made a part of this chapter with respect to those classes of buildings to which this Building Code specifically applies. Any future amendments, revisions and modifications of said Chapters SPS 360 to SPS 366 incorporated herein are intended to be made a part of this chapter.

State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chapters SPS 381 through SPS 387 of the Wisconsin Administrative 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 Village. Any future amendments, revisions and modifications of said Wisconsin Statutes and Administrative Code provisions incorporated herein are intended to be made part of this chapter.

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 § 210-3 above. See Chapters SPS 316 and PSC 114 of the Wisconsin Administrative Code.

Wisconsin Uniform Building Code. The current edition of the Wisconsin Uniform Building Code, as amended, prepared by the Building Inspectors Association of Southeastern Wisconsin, a copy of which is on file in the office of the Village Clerk and Building Inspector unless available on-line, is hereby adopted in its entirety and incorporated herein by reference and shall be referred to as the "Uniform Building Code." It is the intent of the Village that the provisions of the Uniform Building Code shall apply to all additions covered by the provisions of the State Uniform Dwelling Code adopted in § 210-3 hereof.

[Amended 12-16-2019 by Ord. No. 2019-18]

Modular homes.

Independent inspection. Manufacturers of modular homes, as that term is defined by § 101.71(6), Wis. Stats., shall contract with an independent inspection agency to conduct in-plant inspections and certify compliance with this chapter. The certification of compliance shall be signed by a registered engineer or architect of the State of Wisconsin. All tests and inspection records shall be accessible to the Village Building Inspector at all times during fabrication and erection of the building.

Fees. The manufacturer shall reimburse the independent agency in accordance with the terms of the contract between them. In lieu of the Village's standard permit, a fee set by the Village Board, to defray the Village's cost of jurisdiction exercised hereunder, shall be paid to the Building Inspector at or prior to the time a building permit is applied for. No building permit shall be issued unless the above-specified fee has been paid.

Buildings constructed prior to 1914. Chapters SPS 375 to SPS 379 of the Wisconsin Administrative Code, copies of which are on file in the office of the Village Clerk unless available on-line, are adopted in their entirety and incorporated in this section by reference.

[Amended 12-16-2019 by Ord. No. 2019-18]

Explosives. Chapter SPS 307 of the Wisconsin Administrative Code, a copy of which is on file in the office of the Village Clerk unless available on-line, is adopted in its entirety and incorporated in this section by reference.

[Amended 12-16-2019 by Ord. No. 2019-18]

Fire prevention. Chapter SPS 314 of the Wisconsin Administrative Code, a copy of which is on file in the office of the Village Clerk unless available on-line, is adopted in its entirety and incorporated in this section by reference.

[Amended 12-16-2019 by Ord. No. 2019-18]

§ 210-5 Electrical permits and inspections.

Electrical permits.[1]

Required. No work contemplated by this chapter shall be started until a permit therefor has been obtained from the Building Inspector or his/her authorized agent, provided that:

No permit shall be required for minor repair work such as repairing drop cords, flush and snap switches, replacing fuses, or changing lamp sockets.

Any person, firm or corporation manufacturing or repairing electrical apparatus and equipment and employing a competent electrician shall not be required to have a permit for his/her testing equipment.

Application. The application shall be in writing, upon forms which the Building Inspector shall provide, and shall include the name of the owner and a description of the nature of the work to be done, along with such other pertinent information as the Building Inspector may require, and shall state that the property owner and the applicant will be bound by and subject to the provisions of this chapter.

Issuance, term, suspension and revocation. When the Building Inspector is satisfied that the work proposed by the applicant can be done in conformity with the provisions of this chapter, and after the appropriate fees have been paid to him/her, he/she shall issue the permit. Such permit shall be good for the continuous performance of the work named thereon. A permit shall automatically expire when work ceases for a period of 60 days without good and reasonable cause for the same and shall automatically expire on completion of the work for which it was issued, provided that the Building Inspector may, upon notice, suspend or revoke such permit for violation of the provisions of this chapter.

Restrictions on issuance.

No permit shall be issued to any person who is in violation of this chapter until such violation has been corrected.

No permit shall be issued to any person against whom an order issued by the Building Inspector is pending, provided that this restriction may be waived by the Building Inspector.

Temporary wiring. No temporary electrical wiring or other equipment shall be installed or altered without first securing a permit therefor from the Building Inspector. The application for such permit shall state clearly the work planned, alterations to be made and equipment and material to be used, and all later deviations from such plan must be submitted to and approved by the Building Inspector.

(6)

Emergency work. In emergency work, the person, firm or corporation doing or causing such work to be done shall report the same to the Building Inspector immediately after beginning work, and such work shall be done in accordance with the provisions of this chapter.

(7)

Inspection. Upon the completion of the wiring on any building, and before any wiring is to be hidden from view, it shall be the duty of the person, firm or corporation doing the same to notify the Building Inspector in writing, on forms furnished by him/her, and he/she shall inspect the installation within 24 hours of the time such notice is received. If, upon inspection, it is found that the installation is fully in compliance with this chapter and does not constitute a hazard to life or property, he/she shall approve the same and authorize concealment of the wiring or authorize connection for electrical service. If the installation is incomplete or not strictly in accordance with this chapter, he/she shall issue orders to the person, firm or corporation installing the same to remove all hazards and make the necessary changes or additions within seven days. No person, firm or corporation shall conceal any electrical work before inspection or fail to comply with any order of the Building Inspector.

Editor's Note: Original § 15-1-5(a), State regulations adopted, which appeared at the beginning of this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See §§ 210-3 and 210-4.

Electricians to be licensed. All electrical work shall be done only by an electrician licensed by the state for such work, provided that a property owner may make repairs or installations in a single-family building owned and occupied by him/her at least 51% of the year, if a permit therefor is issued and the work is done in compliance with the provisions of this chapter.[2]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Certificates of inspection and meter certificate. Current shall not be turned on for any electrical wiring until a certificate of inspection has been issued by the Building Inspector to the utility furnishing the same. The closing of meter loops or other temporary connections will not be permitted by the Building Inspector until inspection has been made and a certificate of inspection issued. Where it is necessary for more prompt action to be taken than the regular routine will allow, it will be necessary for the permittee or his/her agent to come to the office of the Building Inspector personally and obtain the necessary certificate and deliver the same, in person, to the appropriate department of the Wisconsin Electric Power Company. No certificates of inspection shall be issued unless the electric light, power or heating installation and all other electrical apparatus connected with it are in strict conformity with the provisions of this chapter.

Appeals for failure to issue, suspension and revocation. Any person directly interested who is aggrieved by the decision of the Building Inspector to refuse to issue a permit, or to suspend or revoke such permit, or to order work stopped, or to refuse to issue a certificate of inspection, may obtain review of such determination under Chapter 6, Administrative Review, of this Code.[3]

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 210-6 Plumbing permits and inspections.

Plumbing defined. In this chapter, "plumbing" means and includes:[1]

All piping, fixtures, appliances, equipment, devices and appurtenances in connection with the water supply, water distribution and drainage systems, including hot water storage tanks, water softeners and water heaters connected with such water and drainage systems, and the installation thereof.

The construction, connection or installation of any drain or waste piping system from the outside or proposed outside foundation walls of any building to the mains or other sewerage system terminal within bounds of or beneath an area subject to easement for highway purposes, including private domestic sewage treatment and disposal systems, and the alteration of any such systems, drains or waste piping.

The water service piping from the outside or proposed outside foundation walls of any building to the main or other water utility service terminal within bounds of or beneath an area subject to easement for highway purposes and its connections.

The water pressure systems other than municipal systems as provided in Ch. 281, Wis. Stats.

A plumbing and drainage system so designed and vent piping so installed as to keep the air within the system in free circulation and movement; to prevent with a margin of safety unequal air pressures of such force as might blow, siphon or affect trap seals or retard the discharge from plumbing fixtures or permit sewer air to escape into the building; to prohibit cross-connection, contamination or pollution of the potable water supply and distribution systems; and to provide an adequate supply of water to properly serve, cleanse and operate all fixtures, equipment, appurtenances and appliances served by the plumbing system.

Editor's Note: Original § 15-1-6(a), State regulations adopted, which appeared at the beginning of this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See §§ 210-3 and 210-4.

Plumbing permits.

Required. No work contemplated by this chapter shall be started until a permit therefor has been obtained from the Building Inspector or his/her authorized agent, provided that no permit shall be required for minor repairs to faucets or the removal of stoppages in soil and waste pipes.

Application. The application shall be in writing upon forms which the Building Inspector shall provide and shall include the name of the owner and the description of the property on which the work is to be done, along with such pertinent information as the Building Inspector may require, and shall state that the property owner and the applicant will be bound by and subject to the provisions of this chapter.

Restrictions on issuance.

No plumbing permit shall be issued to any person who is in violation of this chapter until such violation has been corrected.

No plumbing permit shall be issued to any person against whom an order issued by the Building Inspector is pending, provided that this restriction may be waived by the Building Inspector.

Appeals for failure to issue, suspension and revocation. Any person directly interested who is aggrieved by the decision of the Building Inspector to refuse to issue a permit or to suspend or revoke such permit, or to order work stopped, may obtain review of such determination under Chapter 6, Administrative Review, of this Code.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Plumbers to be licensed. All plumbing work shall be done only by a plumber licensed by the state for such work, provided that a property owner may make repairs or installations in a single-family building owned and occupied by him/her at least 51% of the year, if a permit therefor is issued and the work is done in compliance with the provisions of this chapter.

Registration of plumbers.

To be on file. All master plumbers engaged in the business of plumbing in the Village and all journeymen plumbers and apprentice plumbers working at the plumbing trade in the Village shall register with the Building Inspector who shall keep such registration on file in his/her office.

Information to be supplied. Such registration shall consist of the full name and address, license number and current receipt number of each master or journeyman licensee. For an apprentice, the year of apprenticeship and the shop to which he/she is indentured shall be indicated.

Registration requirements limited. The purpose of this subsection is solely to provide for the administration of state licensing requirements in this chapter.

§ 210-7 New methods and materials.

All materials, methods of construction and devices designated 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 State 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.

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 Safety and Professional Services. The data, test and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Safety and Professional Services.

§ 210-8 Unsafe buildings.

Whenever the Building Inspector or Village Board finds any building or part thereof within the Village 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, he or it 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.

§ 210-9 Disclaimer on inspections.

The purpose of the inspections under this chapter is to improve the quality of housing in the Village of East Troy. 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."[1]

Editor's Note: Original § 15-1-10, Area requirements, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Ch. 510, Zoning.

§ 210-10 Razing buildings.

No building within the Village of East Troy shall be razed without a permit from the Building Inspector. 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. After all razing operations have been completed, the foundation shall be removed and filled to the adjacent grade, the property raked clean, and all debris hauled away. Razing permits shall lapse and be void unless the work authorized thereby is commenced within six months from the date thereof or 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.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

All debris must be hauled away at the end of each week for the work that was done on 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. 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. 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.

§ 210-11 Basements; excavations.

Basement subflooring. First floor subflooring shall be completed within 60 days after the basement is excavated.

Fencing of excavations. The owner of any premises on which there exists an opening or excavation 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.

Closing of abandoned excavations. Any excavation for building purposes or any uncovered foundation which shall remain open for more than three months 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 Village Board from the date of the report by the Building Inspector on the cost thereof pursuant to the provisions of § 66.0627, Wis. Stats.

§ 210-12 Discharge of clear waters.

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 purposes 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.

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 purposes 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 Village and to the protection of the property.

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 either shall discharge into an underground conduit leading to a drainage ditch, gutter, or dry well or shall discharge onto the ground surface in such a manner as will not constitute a nuisance as defined herein.

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.

Storm sewer lateral. Where municipal storm sewers are provided and it is deemed necessary by the property owner and/or the Village 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.

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.

§ 210-13 Duplex and multiple unit service connections.

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.

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.

A common sewer service can be used for duplex and multiple unit structures from the sewer main to the structure.

§ 210-14 Moving buildings.

General requirements.

No person shall move any building or structure upon any of the public ways of the Village 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 and the conditions to be complied with and shall limit the time during which said moving operations shall be continued.

A report shall be made by the Village employees with regard to possible damage to trees. The estimated cost of trimming, removal and replacement of public trees, as determined by the Village, shall be paid to the Village prior to issuance of the moving permit. A videotape of the route will be taken by the Village to compare any damage caused by the move.

[Amended 12-16-2019 by Ord. No. 2019-18]

Issuance of a moving permit shall further be conditioned on approval of the moving route by the Village Board.

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.

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 Village Board, the Village 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.

Conformance with code. No permit shall be issued to move a building within or into the Village and to establish it upon a location within said Village 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 a building is to be moved from the Village 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.

Bond.

Before a permit is issued to move any building over any public way in the Village, the party applying therefor shall give a bond to the Village of East Troy in a sum to be fixed by the Building Inspector and which shall not be less than $10,000, said bond to be executed by a corporate surety or two personal sureties to be approved by the Village Board or designated agent, conditioned upon, among other things, the indemnification to the Village 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 Village in connection therewith arising out of the removal of the building for which the permit is issued.

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 E(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.

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 $100,000, and for one accident in a sum not less than $200,000, together with property damage insurance in a sum not less than $50,000, or such other coverage as deemed necessary.

§ 210-15 Establishment of water service.

Application for water service for all new construction and substantial building renovation or remodeling shall be made, in writing, on a form furnished by the Village of East Troy. The application will contain a legal description of the property to be served, name of the owner, the exact use to be made of the service, and the size of the supply pipe and meter desired. (Note particularly any special refrigeration and/or air-conditioning water-consuming appliances.)

Service will be furnished only if:

The premises has a frontage on a properly platted street or public strip in which a cast-iron or other long-life water main has been laid, or where the property owner has agreed to and complied with the provisions of the Village of East Troy's filed main extension rule;

The property owner has installed or agrees to install a service pipe from the curbline to the point of use, and laid not less than six feet or as deep as practical below the surface of an established or proposed grade, and according to the Village of East Troy's specification; and

The premises has adequate piping beyond the metering point.

The owner or owners of multiunit buildings (duplexes, townhouses, strip malls and other like structures) designed with separate entrance and living, work or commercial area on the ground floor will have an individual service to each living, work or commercial unit. In all cases, each living, work or commercial unit will be equipped with a curb stop and curb box adjacent to a public sidewalk, along with individual meter and remote reader. Each living, work or commercial unit will be considered a separate water customer.

Multiunit buildings (apartment houses, high rises, etc.) shall be supplied from a single large service with each unit separately plumbed and individually metered with a remote register. All meters shall be contained in a separate locked room or area accessible to Village personnel. The room or area will be limited to Village personnel and the owner to ensure the integrity of the meter readings. The Village and owner will be the only persons with a key to the room or area mentioned above.

No division of the water service of any lot or parcel of land shall be made for the extension and independent meterage of the supply to an adjoining lot or parcel of land. No division of a water supply service shall be made at the curb for separate supplies therefrom for two or more separate premises having frontage on any street or public service strip, whether owned by the same or different parties.

The Village is hereby empowered to withhold approval of any application wherein full information of the purpose of such supply is not clearly indicated and set forth by the applicant property owner.

§ 210-16 Fees.

[Amended 6-15-2015 by Ord. No. 2015-02]

All fees for building permits and inspections shall be set, from time to time, by the Village Board.

§ 210-17 Severability.

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.

§ 210-18 Violations and penalties.

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. Any such violation may be subject to a penalty as provided in § 1-4 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 or other Village officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunction order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter. Any violation requiring action to enjoin will promptly be reported by the Building Inspector to the Village Board and Village Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this chapter, or to cause such building, structure or use to be removed.

[Amended 6-15-2015 by Ord. No. 2015-02; 2-6-2017 by Ord. No. 2017-03]

Notice of violation.

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(3), Wis. Adm. Code.

If, after written notification, the violation is not corrected within 30 days, a stop-work order may be served on the owner or his/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.