[HISTORY: Adopted by the Board of Supervisors of Adams County 3-15-2016 by Ord. No. 05-2016; amended in its entirety 1-19-2021 by Ord. No. 9-2021.
Subsequent amendments noted where applicable.]
A.
This code is adopted under the authority granted by §§ 59.70
and 101.60 through 101.965, Wis. Stats.
B.
The following chapters of the Wisconsin Administrative Codes, as
well as all subsequent revisions, are adopted by the County and shall
be enforced by the Building Inspector:
(1)
Ch. SPS 305, Credentials;
(2)
Ch. SPS 316, Electrical Code;
(a)
Adams County will be registered with the State of Wisconsin
as an inspection agency for commercial electrical inspections effective
March 1, 2020. Wisconsin Administrative Code, Department of Safety
and Professional Services Chapter 316, Electrical, is adopted in its
entirety effective March 1, 2020.
(3)
Ch. SPS 320 through 325, Uniform Dwelling Code;
(4)
Chs. SPS 361 through 366, Commercial Building Code;
(5)
Chs. SPS 381 through 387, Uniform Plumbing Code;
(6)
Ch. SPS 327, Camping Units.
This code shall be known as the "Adams County Building Construction
Ordinance" and referred to herein as "this code."
This code 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
being to protect and foster the health, safety and well-being of persons
occupying or using such buildings and that of the general public.
The intent of this code is to enforce minimum standards for
fire safety, structural strength, energy conservation, erosion control,
heating, plumbing and electrical systems and general health and safety
in new dwellings and accessory buildings.
A.
The provisions of this code shall govern the construction, alteration,
addition to, conversion of use, occupancy, demolition and moving of
all:
(1)
One- and two-family dwellings;
(2)
Multifamily dwellings;
(3)
Structures connected to, or abutting, a dwelling;
(4)
Commercial structures;
(5)
Accessory commercial structures;
(6)
Agricultural structures only as provided in Wis. Admin. Code § SPS
316.012(1)(a);
(7)
Electrical services;
(8)
Conversion of any building to residential, commercial or industrial
use, when said building was not immediately before so used;
(a)
The structure shall be subject to the requirements of this code
in the same manner as if it were a new building.
(9)
Constructed camping units in a licensed campground (Ch. SPS 327).
B.
Notwithstanding this chapter, this chapter shall not apply to one-
and two-family detached accessory structures, detached garages, or
to children's play structures within Adams County.
C.
The provisions of this code supplement the laws of the State of Wisconsin
pertaining to construction and use of buildings and structures.
D.
The County Building Inspector shall provide inspection services for
only those towns which have delegated authority to the County.
A.
This code and the various parts, sections, subsections, and clauses
are declared to be severable. If any part, section, subsection, clause,
provision, or portion of this code is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this
code shall not be affected.
B.
If any application of this code to a particular structure, land,
or water is adjudged unconstitutional or invalid by a court of competent
jurisdiction, such judgment shall not be applicable to any other structure,
land, or water not specifically included in the judgment.
It is not intended by this code to repeal, abrogate, annul,
impair, or interfere with any easements or permits previously adopted
or issued pursuant to law. However, where this code imposes greater
restrictions, the provisions of this code shall govern.
In their interpretation and application, the provisions of this
code shall be held to be minimum requirements adopted to promote the
health, safety, morals, comfort, prosperity and general welfare of
the people of Adams County. These provisions shall be liberally construed
in favor of the County and shall not be deemed a limitation or repeal
of any other power granted by the Wisconsin Statutes.
A.
Appointment and general powers.
(1)
The County Board shall appoint a Building Inspector, who shall have
the power and duty to enforce the provisions of this code and of all
other ordinances, laws and orders of the State of Wisconsin which
relate to building construction and plumbing and electrical installations.
The Building Inspector shall be removable by a 2/3 vote of the County
Board for cause upon written charges and after public hearing.
(2)
The County Building Inspector shall provide inspection services for
only those towns in which the County issues building permits.
B.
Right of entry. In the discharge of his duties, the Building Inspector
shall have the right to enter the buildings and premises at all reasonable
times. Any person interfering with said Inspector while in performance
of the duties prescribed in this code shall be fined as hereinafter
provided.
C.
Power of modification. The Building Inspector shall have the power
to pass upon any questions arising under the provisions of this code
relating to buildings not covered by the Wisconsin Uniform Dwelling
Code when practical difficulties occur in carrying out structural
or mechanical provisions of the County Building Code or such provision
upon application of the owner or his representative, provided that
the spirit and intent of this code shall be observed and public welfare
and safety be assured. The application for modification and the final
decision of the Building Inspector shall be in writing and shall be
officially recorded with the permanent application for the permit
in the permanent records of the Building Inspector's office.
D.
Appeal. Any person feeling himself aggrieved by any order or ruling
of the Building Inspector, not covered by the Wisconsin Uniform Dwelling
Code, may appeal from such ruling within 20 days after written notice
of such ruling shall have been delivered to him. Such appeal is to
be in writing, setting forth the order appealed from, and the respects
in which said person feeling himself aggrieved claims that said order
or ruling is erroneous or illegal. Said notice of appeal shall be
filed with the County Planning and Zoning Administrator, who shall
notify the Board of Adjustment of such appeal, and the appeal shall
be heard by the Board of Adjustment. The Board of Adjustment, after
consideration thereof, shall affirm, reverse or modify said ruling
in the manner which the Board deems just in the circumstances. The
ruling or order of the Inspector shall be enforced until changed by
said Board of Adjustment.
A.
State code applies. All construction, plumbing, electrical, and HVAC
activities must comply with the State Uniform Dwelling Code and the
Commercial Building Code as they apply and amendments thereto to this
date, which is hereby made by reference a part of this code. A copy
of such code and amendments shall be kept on file in the office of
the Building Inspector.
B.
Permit required. No building of any kind shall be moved within or into Adams County and no new building or structure or any part thereof, as defined in § 166-5, except as exempted in § 166-19, shall hereafter be erected, or ground broken for the same, or enlarged, altered, demolished or used within Adams County except as herein provided, until a permit therefor shall first have been obtained by the owner or his authorized agent.
C.
Application. Application for a building permit shall be made in writing
upon a form furnished by the Building Inspector and shall state the
name and address of the owner of the land, and also of 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 shall contain such
other information as the Building Inspector may require.
D.
Plans. The owner or contractor shall, with respect to any proposed
construction, submit two sets of building plans to the Inspector for
any work which expands the size of a building, any new building or
as required by the Inspector. If a new building or building addition
is proposed, then a plot plan drawn to scale showing such proposed
work and existing buildings and property lines shall be submitted.
A third set of plans may be requested at the discretion of the Building
Inspector for the Assessor. The Building Inspector may require the
owner or contractor to submit plans for any construction project when
the Building Inspector determines that it is necessary to review such
plans to assure that the proposed project will comply with all applicable
codes. All plans and specifications shall be signed by the person
by whom they were drawn:
(1)
A site map drawn to scale, adequately dimensioned, clearly showing
the exact location of all structures existing or to be constructed.
Front, side and rear yards shall be clearly indicated.
(2)
Building plans, including floor plans of all habitable floors and
the basement or foundation plan clearly indicating sizes and spacing
of all supporting members, sizes of rooms, glass areas, door openings
and stair runs and a sectional drawing clearly indicating sizes of
footings, thickness of basement walls and all floor slabs, wall construction,
sizes and spacing of framing members, ceiling heights and parapet
heights and braced wall detail.
(3)
Material and equipment specifications describing the quality, kind,
and grade of material and equipment, if deemed necessary by the Building
Inspector.
E.
Waiver of plans. If the Building Inspector finds that the character
of the work is sufficiently described in the application, he may waive
the filing of plans for alterations or repairs.
F.
Approval of plans. If the Building Inspector determines that the
building will comply in every respect with all applicable ordinances
of Adams County and all applicable laws and orders of the State of
Wisconsin, he shall conditionally approve and stamp one set of the
plans and return it to the owner and shall issue a building permit
therefor 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 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 may, at his discretion, issue a permit
for a part of the building before receiving the plans and specifications
for the entire building.
G.
Minor repairs. Ordinary repairs to buildings may be made without
application or notice to the Building Inspector, but such repairs
shall not include the cutting away of any wall, partition or portion
thereof, the removal or cutting of any structural beam or bearing
support, or the removal or change of any required means of egress,
or rearrangement of parts of a structure affecting the exit requirements.
Ordinary repairs shall not include additions to, alterations of, replacement
or relocation of any standpipe, water supply, sewer, drainage, drain
leader, gas, soil, waste, vent, or similar piping, electric wiring
or mechanical or other work affecting public health or general safety.
I.
Inspection of work.
(1)
Inspections shall be conducted per § SPS 320.10, Wis. Adm.
Code (Wisconsin Uniform Dwelling Code) or § SPS 361.41,
Wis. Adm. Code (Commercial Building Code), as applicable.
(2)
In order to permit inspection of a building project at all necessary phases without causing delay for the owner, the owner and/or contractor shall request all of the following inspections in conformity with the appropriate time frame in Subsection I(3):
(3)
For permits issued under the Uniform Dwelling Code, construction
may proceed if the inspection has not taken place by the end of the
second business day following the day of notification or as otherwise
agreed between the applicant and the Building Inspector.
(4)
For permits issued under the Commercial Building Code, construction
may proceed if the inspection has not taken place by the end of the
fifth business day following the day of notification or as otherwise
agreed between the applicant and the Building Inspector.
(5)
(Reserved)
(6)
If the construction meets the requirements of this code at the stage
of construction, the Building Inspector shall issue his written approval
thereof, and the permit holder shall thereupon be authorized to proceed
to the next construction stage.
J.
Violations and revocation of permit.
(1)
Should the Building Inspector determine that the construction is
not proceeding according to plan filed or is in violation of any provision
of this code of any other applicable ordinance, regulation or law,
he shall so notify the permit holder, and further construction shall
be stayed until correction has been effected and approved by the Building
Inspector upon notice and request for reinspection duly made.
(2)
Should the permit holder fail to comply with the requirements at
any stage of construction, the Building Inspector is hereby empowered
to cancel the building permit issued and shall cause notice of such
cancellation to be securely posted upon said construction. Posting
of such notice shall be considered sufficient notification to the
permit holder of cancellation thereof. No further work shall be undertaken
or permitted upon such construction until a valid building permit
shall thereafter have been issued.
K.
Records. The Building Inspector shall keep a record of all permits,
fees and inspections under this code.
A.
Permit expiration. All permits, except as provided in Subsection A(1) below, are valid for a period of two years. Upon expiration, to continue construction, all permits as appropriate must be reissued and the current fees and applicable codes shall apply.
(1)
Electrical permits shall expire 12 months after the date of issuance
if installation of the electrical wiring has not commenced.
A.
Any violation of codes or amendments, referenced in § 166-1 of this code, thereto to this date shall constitute a violation of this code, whether the unlawful building, alteration, installation, moving or construction involved is specifically covered by other provisions of this code or not, and shall render the violator liable to the penalties contained herein.
B.
Violations. It shall be unlawful to construct or use any structure
in violation of any of the provisions of this code. In case of any
violation, the Planning and Zoning Administrator may institute appropriate
action or proceeding to enjoin the violation of this code.
C.
Penalties. Any person, firm, or corporation who or which fails to
comply with the provisions of this code shall, upon conviction thereof,
forfeit not less than $50 nor more than $500 and costs of prosecution
for each violation and, in default of payment of such forfeiture and
costs, shall be imprisoned in the County jail until payment thereof,
but not exceeding 30 days. Each day a violation exists or continues
shall constitute a separate offense. In any such action, the fact
that a permit was issued shall not constitute a defense, nor shall
any error, oversight, or dereliction of duty on the part of the Building
Inspector constitute a defense.
This code shall not be construed as assuming any liability on
the part of the County or any official or employee thereof for damages
to anyone injured or for any property destroyed by any defect in any
building or equipment, or in any plumbing or electric wiring or equipment.
Residences occupied by three or more families living independently
or occupied by two such families and used also for business purposes
shall comply with applicable provisions of Chs. SPS 361 to 366, Wis.
Adm. Code, as applicable.
Repairs or maintenance to existing dwelling or multiple-dwelling
units, or to electrical, heating, ventilating, air-conditioning and
other systems installed therein, shall comply with the provisions
of the Wisconsin Uniform Dwelling Code and/or commercial codes, Chs.
SPS 361 to 366, Wis. Adm. Code, as applicable.
A.
Financial security and compliance requirements.
(1)
Dwelling building. Before any dwelling building is moved within or
into any municipality under the jurisdiction of this code, a zoning
permit must first be obtained from the Building Inspector. Before
a permit to move any dwelling building is granted by the Building
Inspector, the party applying shall provide an inspection report from
a Wisconsin licensed engineer or architect concluding that the structure
meets the Wisconsin Uniform Dwelling Code standards and is otherwise
habitable, as applicable, and the requirements of this code. The party
applying therefor shall also provide a bond or a standby letter of
credit in the sum of $25,000. (Note: Bond and letter of credit requirements
do not apply when moving a dwelling building to another location on
the same lot or when placing a new dwelling structure such as a manufactured
home or manufactured dwelling.)
(2)
Nondwelling building. Before any nondwelling building is moved within
or into any municipality under the jurisdiction of this code, a zoning
permit must first be obtained from the Building Inspector. The party
applying therefor shall also provide a bond or a standby letter of
credit in the sum of $25,000. (Note: Nondwelling buildings 150 square
feet or less do not require a bond or letter of credit. Bond and letter
of credit requirements do not apply when moving a nondwelling building
to another location on the same lot.)
(3)
All buildings. The party applying shall provide an affidavit including
the condition that said party will save and indemnify any judgments,
costs and expenses which can in any way accrue against Adams County
or the respective municipality and will save the County and respective
municipality harmless against all liabilities, judgments, costs, and
expenses in consequence of the granting of such permit. Every permit
to move a building shall state all conditions to be complied with
and designate the route to be taken and the time limit for removal.
B.
Denial. The Building Inspector shall have the power to deny a permit
to move a building which he finds does not conform to this code.
C.
Transport regulations. The transport of a building shall be continuous
during all hours of the day, and day by day, and at night if the Building
Inspector shall so order, until completed, with the least possible
obstruction to thoroughfares. No building shall be allowed to remain
overnight upon any street crossing or intersection or so near to any
fire hydrant as to prevent easy access thereto. Lighted lanterns shall
be kept in conspicuous places at each end of the building during the
night. The proper authority shall be consulted regarding the moving
of all wires, poles, etc., and the trimming or cutting of all trees;
all costs incurred by the above alterations shall be paid by the party
requesting the permit, and the permission in writing of the proper
authority together with a statement of the cost paid for such alterations
shall be required before the issuance of the permit.
D.
Inspection and repair of streets and highways. Every person receiving
a permit to move a building shall, within one day after said building
has reached its destination, report that fact to the Building Inspector.
The Building Inspector shall thereupon inspect the streets and highways
over which said building has been moved and ascertain their condition.
If the removal of said building has caused any damage to the streets
and highways, the building mover shall forthwith place them in as
good repair as they were before the permit was granted. Upon failure
of the building mover to do so within 10 days thereafter to the satisfaction
of the Building Inspector, the County Board shall provide for repair
of the damage done to such streets and highways and hold the sureties
of the bond given by the building mover responsible for the payment
of the same.
E.
Permit fees. Before the Building Inspector shall issue a permit to
move a building, the Inspector shall collect a fee to be set by the
County Board. This fee shall be in addition to all other fees provided
for in this code and any other applicable code or ordinance.
A.
General. Before a building can be demolished or removed, the owner
or agent shall notify all utilities having service connections within
the building, such as water, electric, gas, sewer and any other constructions.
A permit to demolish or remove a building shall not be issued until
it is ascertained that service connections and appurtenant equipment,
such as meters and regulators, have been removed or sealed and plugged
in a safe manner.
B.
Excavations. Excavations shall be filled with solid fill to match
lot grade within 15 days of removal of the structure.
C.
Permit fees. Before the Building Inspector shall issue a permit to
demolish or remove a building, he shall collect a fee to be set by
the County Board.
Manufactured homes must be placed on piers which conform to
§ SPS 321.40, Wis. Adm. Code (Wisconsin Uniform Dwelling
Code), or a foundation designed and certified by a licensed Wisconsin
engineer.
A.
Exempt structures. The following structures do not require a building
permit; however, an electrical permit is required per Ch. SPS 316:
(Note: Other permits and inspections may be required as applicable.)
(1)
Indian reservations. Dwellings located on Indian reservation land
held in trust by the United States.
(2)
Historical buildings. Historical buildings designated as such by
the federal, state, or County government.
(3)
State and federal buildings. State and federal buildings designated
as such by the federal, state, or County government.
(4)
Temporary buildings. Temporary buildings used exclusively for construction
purposes, not exceeding one story in height, not used for living quarters
and not to exceed one year in duration.
For the purposes of this code, the following words and phrases
shall have the meanings assigned to them in this section. Words and
phrases not herein otherwise defined shall have the meanings accepted
by common usage. "Shall" as used herein is mandatory; the same applies
to the term "must."
A detached building not used as a dwelling unit but is incidental
to that of the main building and which is located on the same lot.
Accessory building does not mean farm building. Accessory buildings
shall not be used for permanent or temporary human habitation or for
sleeping areas. Accessory buildings may not contain dwelling components,
including but not limited to kitchens and bedrooms. Accessory buildings
may contain a bathroom group.
Any new construction whereby an existing building or structure,
or building or structure in course of construction, is increased in
area or cubical content.
Any change or modification in construction or occupancy.
As applied to dimensions, the maximum horizontal projected
area of a building, structure, room, apartment or open space, not
including overhangs.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels, or property of any kind, including
mobile homes, modular houses, manufactured homes, prefabricated houses,
or similar structures.
The officer charged with the administration and enforcement
of this code or his regularly authorized deputy.
A building which is designed or used or which is intended
to be used as a residence or place of abode.
A building, structure, equipment, or premises completed or
in course of construction, or used or occupied, and for which a legal
permit has been issued prior to the effective date of this code.
The net area of any floor space enclosed by exterior walls,
fire walls, or absolute fire separation.
A parcel of land in a single ownership occupied or to be
occupied by not more than one principal or main building and the accessory
buildings or uses customarily incident to it, including such open
spaces as are required by this or other codes, and having its principal
frontage upon a street.
A line or lines dividing one lot, plot of land, or parcel
of land from an adjoining lot, plot of land, or parcel of land.
The purpose for which a building, structure, equipment, materials
or premises or part thereof is used or intended to be used as regulated
by this code.
Any individual, persons, partnerships, firm, organization,
association, or corporation, their agents, heirs, or assigns.
A single main building or structure on a lot for specific
use or occupancies.
The actual area in square feet of the exterior perimeter
of the building.
As specifically regulated by this code, anything which is
constructed, erected, and framed of component parts and which is fastened,
anchored, or rests on permanent foundation or on the ground for any
occupancy or use whatsoever, excluding fencing.
