A.
Title. This article shall be known as the "Building Code of the City
of Glenwood City" and will be referred to in this article as "this
code" or "this article."
B.
Purpose. This article 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. New buildings hereafter erected in or any buildings hereafter
moved within or into the City shall conform to all the requirements
of this article except as they are herein specifically exempted from
part or all of its provisions. Any alteration, enlargement or demolition
of an existing building and any installation therein of electrical,
gas, heating, plumbing or ventilating equipment which affects the
health or safety of the users thereof or any other persons is a "new
building" to the extent of such change. Any existing building shall
be considered a "new building" for the purposes of this article whenever
it is used for dwelling, commercial or industrial purposes, unless
it was being used for such purpose at the time this article was enacted.
The provisions of this article supplement the laws of the State of
Wisconsin pertaining to construction and use and the Zoning Code of
the City and amendments thereto to the date this article was adopted
and in no way supersede or nullify such laws and said Zoning Code.
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 authorized agent, from the
Building Inspector. The Building Inspector may refer requests for
building permits to the Common Council if, in his opinion, there is
a need to resolve related issues, such as zoning status.
(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.[1]
(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 article 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 article 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, upon the recommendation of the Assessor.
B.
Application. Application for a building permit shall be made in writing
upon a form furnished by the Building Inspector or his 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.[2]
C.
Minor repairs. The Building Inspector may authorize minor repairs
or maintenance work on any structure or to heating, ventilation or
air-conditioning systems installed therein 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. Re-roofing shall be considered
an exempt minor repair.[3]
D.
Approval of plans.
(1)
If the Building Inspector determines that the building will comply
with ordinances and orders of the City, he may 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)
In case adequate plans are presented for part of the building only,
the Building Inspector, at his discretion, may issue a permit for
that part of the building before receiving the plans and specifications
for the entire building.
E.
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 two years from the date of issuance thereof.[4]
F.
Revocation of permits.
(1)
The Building Inspector may revoke any building permit issued under
the regulations of this article 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 or instruction has been issued to
him.[5]
(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 specification
or certified lot or plot plan on which the issuance of the permit
or approval was based.
(2)
The notice revoking a building permit shall be in writing and may
be served upon the applicant for the permit, owner of the premises
and his agent, if any, and on the person having charge of construction.
(3)
A revocation placard shall also be posted upon the building, structure,
and equipment of the 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 article,
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 article. 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 may require for the preservation
of life and safety.
G.
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.
State code adopted. The Administrative Code provisions describing
and defining regulations with respect to one- and two-family dwellings
in Chapters SPS 320 through SPS 325 of the Wisconsin Administrative
Code are hereby adopted and by reference made a part of this article
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 article. Any future
amendments, revisions or modifications of the Administrative Code
provisions incorporated herein are intended to be made part of this
article to secure uniform statewide regulation of one- and two-family
dwellings in the City. A copy of these Administrative Code provisions
and any future amendments shall be kept on file in the City Clerk-Treasurer's
office.
B.
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 article for new buildings. The provisions of § 184-2 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 article.
(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 article.
C.
ADDITION
ALTERATION
DEPARTMENT
DWELLING
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING CODE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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 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 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:
D.
Method of enforcement.
(1)
Building Inspector. There is hereby created the position of Building
Inspector, who shall administer and enforce this article and shall
be certified by the Department of Safety and Professional Services,
as specified by § 101.66(2), Wis. Stats., in the category
of Uniform Dwelling Code Construction Inspector. Additionally, this
or other assistant inspectors shall possess the certification categories
of UDC HVAC, UDC Electrical, and UDC Plumbing. [Note: Contact the
Department of Safety and Professional Services at (608) 261-8500 for
certification information.][1]
(2)
Inspection powers. An authorized inspection official of the City
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 such inspector while in performance of his duties.
A.
Commercial Building Code adopted. Chapters SPS 361 through SPS 366
of the Wisconsin Administrative Code (the Commercial Building Code)
are hereby adopted and made a part of this article with respect to
those classes of buildings to which this Building Code specifically
applies. Any future amendments, revisions and modifications of said
Chapters SPS 361 through SPS 366 incorporated herein are intended
to be made a part of this article. A copy of said Chapters SPS 361
through SPS 366 and amendments thereto shall be kept on file in the
office of the City Clerk-Treasurer.
B.
State Plumbing Code adopted. The provisions and regulations of Ch.
145, Wis. Stats., and Chapters SPS 381 to SPS 387 of the Wisconsin
Administrative Code are hereby made a part of this article 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 incorporated herein are intended to be made part of this article.[1]
C.
State Electrical Code adopted. Subject to the exceptions set forth in this article, 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 article and shall apply to all buildings, except those covered in § 184-3 above.[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 article.
A.
All materials, methods of construction and devices designed for use
in buildings or structures covered by this article and not specifically
mentioned in or permitted by this article 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.
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
State 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 State
Department of Safety and Professional Services.
Whenever the Common Council finds any building or part thereof
within the City to be, in 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, 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.
A.
No building within the City of Glenwood City 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 filled at
least one foot above 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.
B.
All debris must be hauled away at the end of each day for the work
that was done on that day. 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 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 which is located in close proximity
to a public sidewalk or street right-of-way 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.
C.
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 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]
A.
General requirements.
(1)
No person shall move any building or structure upon any of the public
ways of the City 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.
(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
Clerk-Treasurer prior to the issuance of the moving permit.
(3)
Issuance of the moving permit shall further be conditioned on approval
of the moving route by the Common Council.
B.
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.
C.
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 the street or highway
in as good repair as it was 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 bond responsible for the payment of the same.[1]
D.
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 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 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.
E.
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 Glenwood City in a sum to be fixed by the Building Inspector
and which shall not be less than $1,000, 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 E(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filing 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.
F.
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.
A.
Fee schedule. Building permit fees are established from time to time
by the Common Council. The current fee schedule is on file at the
office of the City Clerk-Treasurer.
B.
Buildings covered by State Building Code.
(1)
Approval of plans. Before permits are issued for any building other
than one- or two-family dwellings, complete plans and specifications,
including plot plan with position of building in relation to lot lines,
must be approved by the Wisconsin Department of Safety and Professional
Services, and said approved documents with all correspondence must
be filed with the Building Inspector, unless it falls under § SPS
361.30, Wis. Adm. Code.
(2)
Inspection. The Building Inspector shall have authority to inspect
and order conformance of any building with said state-approved plans
and specifications.
(3)
Buildings constructed prior to 1914. Chapters SPS 375 through SPS
379 of the Wisconsin Administrative Code are hereby adopted and incorporated
herein as if fully set forth.
C.
Issuance of building permit.
(1)
When to be issued. If the applications, plans and specifications
are in conformity with the requirements of this article and all other
laws or ordinances applicable thereto, the Building Inspector or his
authorized agent shall, upon receipt of the required fee, grant a
building permit for said work and shall sign, date and endorse in
writing or by rubber stamp both sets of plans and specifications as
"approved."
(2)
Plans and specifications. One such approved set of plans and specifications
shall be retained by the Building Inspector and one such approved
set of plans and specifications shall be returned to the applicant,
which set shall be kept at the site of such work at all times until
the work authorized thereby is completed and shall be available for
inspection by any public official. Such approved plans and specifications
shall not be changed, modified or altered without written permission
from the Building Inspector or his authorized agent.
If any section, clause, provision or portion of this article
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 article shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the Common Council and City Attorney who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this article 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. 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 article may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this article.[1]
B.
Notice of violation.
(1)
If an inspection reveals a noncompliance with this article 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.
(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
article shall preclude the City from maintaining any appropriate action
to prevent or remove a violation of any provision of this article
or the Uniform Dwelling Code.
(4)
If any construction or work governed by the provisions of this article
or the Uniform Dwelling Code is commenced prior to the issuance of
a permit, double fees shall be charged.
C.
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.
D.
Except as may otherwise be provided by statute or ordinance, no officer,
agent or employee of the City of Glenwood City charged with the enforcement
of this article shall render himself 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 duties under this article. 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
duties under this article shall be defended by the legal representative
of the City until the final determination of the proceedings therein.