Village of Denmark, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Denmark 6-5-2017 by Ord. No. 2017-03. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 224.
Sewers — See Ch. 238.
Site plan design and review — See Ch. 243.
Stormwater management — See Ch. 256.
Subdivision of land — See Ch. 265.
Water — See Ch. 296.
Zoning — See Ch. 315.
The purpose of this chapter is to establish uniform construction standards and inspection procedures for all buildings and structures erected and altered within the Village of Denmark ("Village"), to provide for the position of Building Inspector with the authority and necessary qualifications for issuance of building permits and certificates of occupancy, and to address appeals, amendments, uses, fees, and penalties. All building inspections performed under this chapter are done pursuant to the general municipal authority of § 101.65, Wis. Stats., and the approval and inspection provisions of § 101.12, Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Village of Denmark Building Inspector shall administer and enforce this chapter and shall be certified as specified by Wisconsin Statutes, including § 101.66(2), in the category of Uniform Dwelling Code Construction Inspector. Additionally, all building inspectors shall possess the necessary certification categories of Uniform Dwelling Code for HVAC, Electrical, and Plumbing.
A. 
The Village of Denmark Building Inspector shall have the following duties:
(1) 
Issue all building permits and make and maintain records thereof.
(2) 
Issue all certificates of occupancy and make and maintain records thereof.
(3) 
Pursuant to § 101.65, Wis. Stats., conduct inspections of buildings, structures and use of land to determine compliance with the terms of this chapter.
B. 
The Building Inspector may vary or modify provisions of this chapter upon application of the owner or his/her representative, provided that the requested modifications are deemed reasonable and appropriate and the remaining provisions of this chapter are complied with. 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 Village files.
A. 
This chapter adopts and incorporates as if fully stated herein the Uniform Dwelling Code as provided in Chapters SPS 320 to SPS 325, the Commercial Building Code as provided in Chapters SPS 361 to SPS 366, and the Wisconsin Licenses, Certifications and Registrations Code in Chapter SPS 305, all of the Wisconsin Administrative Code.
B. 
Those structures built in association with one- and two-family dwellings shall also comply with this chapter with the following exceptions:
(1) 
Utility storage buildings may be erected without a foundation if anchored in a manner approved by the Zoning Administrator/Building Inspector.
(2) 
Detached garages and storage buildings of frame construction may be built on a continuous floating slab of reinforced concrete not less than four inches in thickness in compliance with § SPS 321.18, Wis. Adm. Code. Detached garages and storage buildings built with foundation walls or piers shall have walls or piers as required by § SPS 321.18, Wis. Adm. Code.
C. 
Plumbing and drainage. Chapter 238, Sewers, of the Village Code and Chapters SPS 381 to SPS 387 of the Wisconsin Administrative Code, the Wisconsin Plumbing Code, and all referenced codes and amendments thereto are adopted and incorporated into this chapter by reference.
(1) 
Buildings and structures connected to the municipal sanitary sewerage system shall have a backflow prevention valve installed at the owner's expense, to keep backwater from flooding the area of the building below road grade.
(2) 
Sanitary and storm sewers serving private or public property which are removed from service shall be uncovered at the property line adjacent to the utility easement or to the right-of-way in which the sewer connects to a main and sealed against infiltration into the public sewer system. Existing sanitary or storm sewers serving private or public property that are going to be reactivated within one year and meet the plumbing code requirements may be temporarily sealed at any point on the property approved by the Zoning Administrator/Building Inspector. Sealing of sewers shall be permitted and inspected before covering and/or commencing demolition of any building.
(3) 
Water services serving private or public property which are removed from service shall be uncovered at the property line adjacent to the utility or to the right-of-way in which the water service connects to a main and capped to prevent leakage or contamination of Village water supply by backflow or siphonage. Existing water services serving private or public property that are going to be reactivated within one year and meet the plumbing code requirements may be temporarily capped at any point on the property accepted by the Zoning Administrator/Building Inspector. Capping of water services shall be permitted and inspected before covering and/or commencing demolition of any building.
(4) 
Building clear water, stormwater and foundation drainage systems shall discharge in accordance with the following:
(a) 
Shall drain in compliance with any approved stormwater management plan when applicable.
(b) 
Shall flow to the municipal stormwater system when available.
(c) 
Shall utilize natural topography and land cover features such as natural swales, natural depressions, native soil infiltration capacity, and natural groundwater recharge areas.
(d) 
Shall not discharge closer than 20 feet to a property line except when connecting to a municipal stormwater system. Existing building clear water, stormwater and foundation drainage systems not in compliance with this provision shall be brought into compliance with this subsection upon notice by the Village.
(e) 
The size, type and installation of all laterals proposed to be constructed shall be in accordance with plans and specifications approved by the Zoning Administrator/Building Inspector.
(f) 
Property owner shall be responsible for any maintenance to facilities covered in this section if drained into a municipal stormwater system. The Village is not responsible for any damage to said facilities when placed in the right-of-way or Village-owned easements or facilities.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Building permit required.
(1) 
No building or structure or any part thereof shall hereafter be moved, built, enlarged, altered, or demolished within the Village, except as hereinafter provided, unless a permit therefor shall first be obtained by the owner, or his agent, from the Village. All work which affects the occupancy, area, structural strength, fire protection, exits, light, or ventilation of the building requires a building permit.
(2) 
Application for a building permit for a structure intended for human occupancy on lands not served by public, municipal sewer shall be approved only if said application is accompanied by a valid holding tank permit or a valid septic tank permit. Validity of a holding tank permit or septic tank permit shall be based on state statutes or county ordinances where appropriate.
(3) 
Application for a building permit for any structure shall require a road offering access to said structure, whether said structure is erected on public roads or private roads.
(4) 
Exceptions. No permit shall be required for minor repairs or alterations which in the opinion of the Zoning Administrator/Building Inspector do not affect the occupancy, area, structural strength, fire protection, exits, light, or ventilation of a building.
B. 
HVAC permit required.
(1) 
No heating, ventilating, or air-conditioning system or a part of a system shall hereafter be constructed, installed, erected, or altered unless a permit therefor shall first be obtained by the owner, or its agent, from the Village.
(2) 
Exceptions. No permit shall be required for minor repairs or alterations to any heating, ventilating or air-conditioning system which does not, in the opinion of the Zoning Administrator/Building Inspector, involve any changes in the heating or ventilating of the building.
C. 
Electrical permit required.
(1) 
No electrical equipment shall be installed, altered, renewed, replaced or connected unless a permit therefor shall first be obtained by the owner, or his agent, from the Village.
(2) 
Exceptions.
(a) 
No permit shall be required for low-voltage installations in one- and two-family dwellings.
(b) 
No permit shall be required for the reconnection of existing power supplies to replacement heating plants, water heaters and other appliances.
(c) 
No permit shall be required for the repair, removal, disturbance or disconnection of any existing electrical equipment or the renewal or replacement of any existing lighting, switches, sockets, or receptacles.
(d) 
No permit shall be required for minor repairs or alterations to any electrical distribution system which do not, in the opinion of the Zoning Administrator/Building Inspector, involve any changes in the electrical distribution of the building.
D. 
Plumbing permit required.
(1) 
No person shall perform or permit the performance of any plumbing work, as defined by state statute or regulation adopted by reference as a part of this chapter, unless a permit therefor shall first be obtained by the owner, or his agent, from the Village.
(2) 
Exceptions.
(a) 
No permit shall be required for the repair, removal, disturbance, disconnection or replacement of any existing plumbing fixture or appliance.
(b) 
Minor repairs as defined in § 145.06(4)(d), Wis. Stats., as may be amended from time to time, shall be exempt from the permit requirement.
E. 
Building permit fee. The building permit fee shall be paid to the Village Treasurer and shall be in an amount as established by the Village Board, a schedule of which fees shall be published by the Village Board and available at the office of the Village Treasurer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Application for a permit shall be obtained from the Village Clerk and shall be submitted in writing to the Village providing all requested information to reasonably determine the proposed project complies with all applicable codes.
A. 
With such permit application there shall be submitted two complete sets of plans and specifications, including a plot plan showing the location of the proposed building with respect to adjoining property lines, buildings and rights-of-way. All plans shall be drawn using commonly accepted architectural or engineering scales. Drawings that do not show all necessary details to enable the Village to reasonably inspect the same shall be rejected.
B. 
Exception. If, in the opinion of the Building Inspector, due to the limited size or scope of a project, the character of the work is sufficiently described in the application, the filing of plans may be waived.
C. 
Alteration of plans prohibited. After being approved, the plans and specifications shall not be altered in any respect except with the written consent of the Building Inspector.
With every building permit issued, the Building Inspector shall issue to the applicant a permit which it shall be the duty of such applicant to place in a conspicuous place on the premises. The permit shall be unobstructed from public view and shall be located not more than 15 feet above grade. It shall also be the duty of the applicant to take appropriate measures to prevent the posted permit from being destroyed by the weather or other wear and tear.
A. 
Permits shall have lapsed and be void unless building operations are commenced within six months from the date thereof.
B. 
Permits for building shall lapse and be void after 12 months from the date of issuance, except for projects where the applicant advises the Building Inspector the permitted project will exceed 12 months in duration. In such case, the applicant shall advise the Building Inspector of the estimated completion date, which then will become the expiration date. Uniform Dwelling Code one- and two-family dwelling permits are valid for two years provided the exterior is completed weathertight with windows, doors, roofing and siding installed.
If the Zoning Administrator/Building Inspector shall find at any time that this chapter and laws, orders, plans and specifications are not being complied with, he shall revoke the permit by written notice posted at the site of the work and mailed to the recipient of the permit. When any permit is revoked it shall be unlawful to do any further work upon such building until the permit is reissued, except such work as the Building Inspector shall allow to be done, in writing and posted, as a condition precedent to the reissuance of the permit.
A. 
The permit applicant or an authorized representative shall, in writing or orally, notify the Building Inspector of the following applicable phases of any building or structure:
(1) 
Footings. After the placement of forms, shoring, and reinforcement, where required, and prior to the placement of concrete.
(2) 
Foundation backfill. After the placement, installation of drain tiles, stone covering drain tiles, waterproofing, exterior insulation if required, prior to backfilling.
(3) 
Interior drain tiles, stone and vapor barrier. After placement and prior to covering.
(4) 
Electric service installations. After installation and prior to energizing.
(5) 
Buried installations. After the placement of plumbing, HVAC and electric installations (including but not limited to water service laterals, storm sewer laterals, sanitary sewer laterals, underground plumbing, underground electrical distribution, and underground HVAC ducting) and prior to covering or enclosing in any manner.
(6) 
Rough inspection of general construction, including framing, electric, HVAC and plumbing. After completion of this phase and prior to installing insulation.
(7) 
Insulation and vapor barrier. After placement and prior to covering.
(8) 
Final inspection. After completion of all code requirements and prior to occupancy to determine compliance with all requirements of this chapter and terms of the permit.
B. 
Notice of compliance or noncompliance shall be posted at the site. Upon finding noncompliance, the Building Inspector shall notify the applicant and/or the owner, in writing, of the violations to be corrected. No work shall proceed thereafter until approved by the Building Inspector. When compliance with any noted violations has been provided, the owner/applicant/agent shall provide written documentation that the noted violations have been corrected in compliance with the applicable code sections.
C. 
Upon reinspection of a violation, if the inspector finds that the violations have not been corrected, the Building Inspector shall require the owner, contractor or agent responsible for the violations to pay a reinspection fee.
D. 
When the building/structure is ready for inspection, the contractor, owner or agent shall make such arrangements as necessary to enable the inspector to inspect all parts of the building or structure. Failure to allow complete access for purposes of an inspection shall constitute a violation of this chapter for which a stop-work order may be issued.
E. 
Construction may proceed if the requested inspection has not taken place on the second business day following the day of notification or as otherwise agreed between the applicant and the Building Inspector in writing.
A. 
Preamble. The Village wishes to protect its streets, curbs, sewers and sidewalks from damage due to construction and to protect pedestrians and motor vehicle traffic from construction debris during and after construction projects. This section is written to require proper construction practices and to assure that the above goals are met.
B. 
Mud, dust, brush, stumps, etc. No general contractor, building permit holder or owner shall cause, maintain or permit the littering of any public or private property or streets with mud, dust, brush, stumps, tree limbs, construction, piles of dirt after building landscaping is completed or other types of debris, nor shall such person cause damage to any public street, sidewalk, curb, gutter, sewerage system or property.
C. 
Daily cleanup. A general contractor, building permit holder or owner must clean up by 8:00 p.m. each day or at the end of the workday on that site, whichever occurs earlier, and the site must be kept clean as much as feasible during the day.
D. 
Debris in street or on sidewalk. Debris in the street or on the sidewalk that would injure a motor vehicle, pedestrian or cyclist must be removed immediately.
E. 
Septic and solid waste collection receptacles required. The property owner(s) and/or duly appointed agent(s) representing said owner(s) for any property upon which a new residential dwelling or nonresidential building is to be constructed shall provide temporary on-site septic, i.e., portable toilet, and solid waste containers, e.g. dumpster, for the temporary storage of waste during and subsequent removal of waste after building construction has been completed. Said containers shall be installed prior to commencement of construction, maintained in working condition and capacity throughout the duration of all construction activities, and be removed from the property not later than 10 days after the date the Building Inspector has completed final inspection.
F. 
Disposal of debris at construction sites.
(1) 
No general contractor, subcontractor, owner, permit holder, municipality or municipal subcontractor shall allow any person to leave litter or building debris at a construction site which creates a nuisance. During the course of any construction which requires a permit within the Village, the contractor shall be responsible for having a dumpster or other suitable method to properly contain any construction-related debris on the site at all times while construction is conducted on the site.
(2) 
If a general contractor, permit holder or owner does create a nuisance, the Building Inspector shall revoke the building permit until he has complied with this section.
G. 
Damaging curbs or sidewalks. It is the responsibility of the general contractor, permit holder or owner to inspect all sidewalks and curbs prior to commencement of work. Any such damage must be reported to the Building Inspector or his designated agent prior to commencement of work. Any damage not reported in that time period will be attributed to the general contractor, building permit holder or owner. No general contractor, building permit holder or owner shall allow any person to run a vehicle over a curb in the Village, unless that curb shall have been properly blocked or ramped to ensure no damage to the curb. Properly blocked means adequately covered behind the curb with crushed stone to a sufficient depth to protect the back of the curb and four-by-four planking in front of the curb. All tires crossing the curb shall be supported in this manner. This requirement may be waived in writing by the Building Inspector for good cause.
H. 
Violations.
(1) 
If any general contractor, building permit holder or owner is convicted of three or more violations of this section within a six-month period the Building Inspector shall have authority to withhold building permits from such general contractor, building permit holder or owner for a period of six months.
(2) 
If any general contractor, building permit holder or owner shall fail to pay any costs of damage caused by such person, the Village shall have the right to withhold the issuance of building permits to that general contractor, building permit holder or owner until such time as all bills are paid.
(3) 
In addition to any other penalties imposed by this chapter, any general contractor, building permit holder or owner convicted of a violation of this section shall be subject to a forfeiture of not less than $100 per day plus costs for a first offense and not less than $500 plus costs for the second offense.
(4) 
In addition to the penalty provided in Subsection H(1) through (3) of this section, the Village may clean up or contract to clean up and charge the cost to the general contractor, building permit holder or owner who is found in violation of this section. If the bills are not paid for, the certificate of occupancy will be withheld.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
I. 
Liability. The general contractor, permit holder and owner are jointly and severally liable for violations of this section.
(1) 
It is the Village's intention to prosecute violations in the following order:
(a) 
First: permit holder.
(b) 
Second: owner.
(c) 
Third: general contractor.
(2) 
Nothing in this section prevents the Village from pursuing each or all responsible parties jointly and/or severally.
Any person feeling aggrieved by any order or ruling of the Building Inspector or designee may appeal that order or ruling to the Village Board of Trustees or other committee as shall be designated by the Board.
A. 
Any person feeling aggrieved by any order or ruling of the Building Inspector or designee may appeal from such order or ruling to the Village Board of Trustees or any committee as it shall designate within 15 calendar days after the written decision denying the permit. The date of written notice of the denial shall be the date of the mailing of the notice. The notice of appeal shall be in writing and specify the reasons for the appeal. A decision on the appeal shall be made within 60 days of the filing of the notice of appeal.
B. 
Application for appeal may be made when it is claimed that this chapter has been incorrectly interpreted or applied, its provisions do not apply or that an alternative form of construction or repair has been proposed and denied. All applications must be accompanied by any evidence to be offered in support of the appeal.
C. 
An appeal shall stay all enforcement activities and all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Village Board of Trustees or its designee that, by reason of the facts stated in the certificate, a stay would in the opinion of the officer cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record on application, on notice to the officer from whom the appeal is taken, and upon good cause shown.
Except where another penalty is prescribed, any violation of any of the provisions of this chapter shall subject the violator to the penalties provided in § 1-4 of this Code. Each day a violation continues, unless otherwise specified in this chapter, shall constitute a separate offense. Where the violator has been issued a permit or is a licensee under the provisions of this chapter, such permit or license shall be subject to revocation in the discretion of the court.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).