[HISTORY: Adopted by the City Council of the City of South
Milwaukee. Amendments noted where applicable.]
A.
This chapter shall be known as the "Building Code of the City of
South Milwaukee" and will be referred to hereinafter as "this Code."
B.
Purpose. The purpose of this code is to provide certain minimum standards,
provisions and requirements for the safe and stable design, methods
of construction and uses of materials in buildings and structures
hereafter erected, constructed, enlarged, altered, repaired, moved,
converted to other uses or demolished, and to regulate the equipment,
maintenance, use and occupancy of all buildings and structures.
A.
Supervision. It is hereby established that the function of building
inspection shall be performed under the supervision of the City Engineer
and the Common Council.
B.
Office of Building Inspector. The Building Inspector shall be appointed
by the Common Council. The Building Inspector shall serve under the
direction of the City Engineer, shall perform building inspections
and have such powers and duties as are contained herein, or such as
the Common Council or the City Engineer shall from time to time specify.
[Amended 9-1-1992 by Ord.
No. 1515]
C.
General management and control. Except where otherwise provided in
this code, the Building Inspector, under the supervision of the City
Engineer, shall have the general management and control of all matters
pertaining to building inspection and shall enforce all state laws,
City ordinances and lawful orders relating to the construction, alteration,
repairs, removal and safety of buildings and other structures and
permanent building equipment.
D.
Duties of Building Inspector.
(1)
It shall be the duty of the Building Inspector to see that the construction,
reconstruction, alteration, repairs, removal and safety of buildings
of the City of South Milwaukee shall conform with the laws of the
State of Wisconsin, the orders, rules and regulations laid down by
the Industrial Commission of the State of Wisconsin, and the ordinances,
rules and regulations of the City of South Milwaukee, and to make
all inspections required in this chapter and in a manner as set forth
herein.
(2)
The Building Inspector, the City Engineer, or their authorized agents
shall have the power and authority at all reasonable hours, for any
proper purpose, to enter upon any public or private premises and to
make inspection thereof and to require the production of the permit
for any building or electrical work being done or the required license
therefor. No person shall interfere with or refuse to permit access
to any such premises to the above described representatives of the
City while in the performance of their duties.
E.
Records. There shall be kept in the Office of the City Engineer a
record of all applications for building permits in a book for such
purpose and each permit shall be regularly numbered 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 buildings of the
various classes. There shall be kept in the Office of the City Engineer
a record of all inspections made and of all removal and condemnation
of buildings, and a record of all fees collected, showing the date
of their receipt and delivery to the City Treasurer. The City Engineer
shall make a written monthly and annual report to the Common Council
of these matters.
[Amended 8-1-2000 by Ord.
No. 1775]
A.
The state Building Codes ILHR 50 through 64, 66 and 69 of the Wisconsin
Administrative Code are adopted by reference and made a part of this
ordinance as though fully set forth herein.
B.
The Wisconsin Uniform Building Code prepared by the Building Inspectors Association of Southeastern Wisconsin with all amendments and revisions thereto is adopted by reference and made a part of this ordinance as though fully set forth herein. This code shall apply to existing buildings and to additions, alterations and repairs of existing buildings and to all construction, demolition or moving or existing buildings not within the scope of Subsection A of this § 16.03.
C.
The Wisconsin Uniform Dwelling Code, ILHR 20 through 25, is hereby
adopted by reference and made a part of this ordinance as though fully
set forth herein.
D.
Amendments to the above codes adopted herein by reference shall become
amendments to this code on and after their adoption by the respective
administrative body referred to in the foregoing paragraphs.
A.
New buildings. New buildings or structures hereafter erected in the
City of South Milwaukee shall conform to all requirements of this
code; and all requirements in this code, unless specifically provided,
shall apply to new buildings.
B.
Existing buildings. The following specified requirements shall apply
to existing buildings which for any reason whatsoever do not conform
to the requirements of this code for new buildings:
(1)
Major alterations and repairs. If alterations or repairs in excess
of 50% of the assessed value of an existing building are made to any
existing building within any period of 12 months, the entire building
shall be made to conform with the requirements given herein for new
buildings provided, however, that any existing building which for
any reason requires repairs at any time in excess of 50% of the assessed
value thereof, not deducting from such value any loss caused by fire
or other casualty, shall be made to conform to the requirements of
this code for new buildings or shall be entirely demolished.
(2)
Minor alterations and repairs. Every alteration or repair to any
structural part or portion of any existing building shall, when deemed
necessary in the opinion of the Building Inspector, be made to conform
to the requirements of this code for new buildings. Minor alterations,
repairs and changes not covered by Subsection A(1) and (2) and of
this section may be made with the same materials of which the building
is constructed.
(3)
Removal or non-maintenance. The provisions herein shall not be construed
as permitting the removal or non-maintenance of any existing devices
or safeguards unless authorized in writing by the Building Inspector.
C.
Fire district. Nothing herein contained shall be construed as permitting
or authorizing the erection, construction or alteration of any building
or structure as defined in Order 5102, Wisconsin State Building Code,
within the Fire District of the City of South Milwaukee, except as
hereinafter provided.
[Amended 7-17-1990 by Ord. No. 1468]
(1)
What constitutes a fire district. All that part of the City of South Milwaukee embraced within that territory defined and described as C-1 Neighborhood Shopping Zone, C-2 Commercial Zone, C-3 Central Business Zone, M-1 Manufacturing Zone and M-2 Industrial Zone, in Chapter 15 of the South Milwaukee Code is hereby declared to be within the fire limits of the City of South Milwaukee.
[Amended 7-17-1990 by Ord. No. 1468]
(2)
Specific requirements - new buildings.
(a)
Enclosing walls. All enclosing walls of new buildings or structures
within the Fire District shall be of the incombustible materials or
materials which are specifically treated to prevent the infiltration
of fire within the enclosing walls, or of materials specially treated
with fire retardants, as may be approved by the Building Inspector.
[Amended 7-17-1990 by Ord. No. 1468]
(b)
Roofs. All roofs of new buildings shall be covered with fire
resistant materials. A roof covering shall be considered fire resistant
if made of three or more thicknesses, or ply, of approved asphalt
saturated asbestos, felt, or three or more thicknesses, or ply, of
approved asphalt of tar saturated rag-felt with gravel, or equal surfacing,
or if made of approved asphalt composition shingles, approved asbestos
shingles, tin, sheet iron, clay tile, concrete or other approved incombustible
material.
(c)
Partitions. In new buildings of more than one story, all floors
and joists shall be supported by incombustible bearing walls or partitions
by semi-fireproof partitions as defined in Order 5102, Wisconsin State
Building Code, or by columns and girders. If a bearing partition above
the basement floor is supported by a steel girder, the portion of
such girder which projects below the ceiling shall be covered with
metal lath and plastering or other approved fire-proofing.
(d)
Exceptions. The provisions of Subsection C(2)(c) on the Fire District shall not apply to frame residences within the Fire District when such buildings do not exceed two stories in height and are occupied by not more than two families nor shall the provisions of this subsection on the Fire District apply to private garages when such garages are erected as accessory buildings to the frame residences before mentioned in this paragraph.
[Amended 7-17-1991 by Ord. No. 1468]
(e)
Special provisions on fire prevention for multiple family dwellings.
Any building hereafter erected any place in the City of South Milwaukee,
to house more than two families shall be built of "ordinary construction"
or better, according to the definition of "ordinary construction"
as given in Order 5102 of the Wisconsin State Building Code.
(3)
Special requirements - existing buildings. It shall be unlawful to repair any existing structure or building within the Fire District when such structure or building shall have been damaged by fire or decay to the extent of 50% of the assessed value of such structure or building and any existing structure or building so damaged shall be subject to condemnation under § 16.28 of this code. When such a structure or building shall have been damaged by fire or decay to an extent of less than 50% of such value, no repairs shall be made upon the same without the permission of the Building Inspector.
[Amended 7-17-1990 by Ord. No. 1468]
In addition to the requirements of the Building Code issued
by the Industrial Commission of the State of Wisconsin, all construction
work in the City of South Milwaukee shall be done in accordance with
the requirements as set forth in this code.
[Amended 8-1-2000 by Ord.
No. 1775]
For the purpose of this code, certain terms, phrases and words
and their derivatives shall be construed as set out herein. Words
used in the singular include the plural and the plural the singular.
Words used in the masculine gender include the feminine and the feminine
the masculine. Wherever a section, subsection or paragraph is referred
to in this code by number or letter, without other designation, it
shall be understood to refer to a section, subsection or paragraph
in this code.
An accessory building is a building such as a garage, playhouse
or greenhouse, which is subordinate or accessory to a main building
already existing on the same lot and which in any "residence district"
is not available to the public.
Approved, as to materials and types of construction, refers
to approval by the Building Inspector as the result of investigation
and tests conducted by him, or by reason of accepted principles or
tests by nationally recognized technical organization or by reason
of approval by the Industrial Commission of Wisconsin.
An attic or "attic story" is any story situated wholly or
partially in the roof so designated, arranged or built as to be used
for business, storage or habitation.
A basement is a story wherein on every side of the building
the average floor line is below the grade and the average ceiling
height in every elevation is not more than five feet above such grade.
A bay window is a rectangular, curved or polygonal window,
extending beyond the main wall of the building.
A bearing wall is a wall of which any portion supports a
load other than its own weight.
A building is any structure built for the support, shelter
or enclosure of persons, animals, chattels or movable property of
any kind; and when separated by a fire separation wall, each portion
of such building so separated shall be deemed a separate building.
Built-up masonry is that form of construction composed of
stone, brick, gypsum, hollow clay tile, concrete blocks or tile, or
other similar solid or hollow incombustible building units or materials
or a combination of these materials laid up unit by unit and set in
approved mortar.
A curtain wall is a fire resistant non-bearing wall between
columns or piers which are not more than one story or 18 times its
thickness in height.
Dead load in a building includes the weight of the walls,
permanent partitions, framing, floors, roofs and all other permanent
stationary construction forming a part of the building.
Any structure or that part of a structure, which is used
or intended to be used as a home, residence, or sleeping place by
one or more persons.
An enclosing wall is that portion of a building wall which
is exterior to the lath, plaster and other interior wall finish.
A continuous and unobstructed means of egress to a street,
alley, or open court and includes intervening doors, doorways, corridors,
halls, balconies, ramps, fire escapes, stairways, and windows.
Exterior walls are outer walls or vertical enclosures of
a building other than a party wall.
A fire separation wall is a wall of masonry or reinforced
concrete which subdivides a building to restrict the spread of fire,
but it is not necessarily continuous through all stories nor extended
through the roof.
Floor area is the area inside the exterior or fire walls
of a building exclusive of vent shafts and courts.
Footing is the spreading course at the base or bottom of
the foundation wall, column or pier.
A foundation is a substructure including masonry walls, piers,
footing, piles, grillage and similar construction, which is designed
to transmit the load of any super-imposed structure to natural soil
or bed rock.
A garage is a building used for the housing of one or more
motor vehicles.
Ground Fault Circuit Interrupter.
For buildings or structures adjoining one street only, the elevations
of the sidewalk at the center of that wall adjoining the street.
For buildings or structures adjoining more than one street,
the average of the elevations of the sidewalks at center of all walls
adjoining streets.
For buildings or structures having no wall adjoining the street,
the average level of ground (finished surface) adjacent to the exterior
walls of the building or structure. All walls approximately parallel
to and not more than five feet from a street line are to be considered
as adjoining a street.
Any room used for sleeping, living or dining purposes, excluding
such enclosed places as kitchens, closets, pantries, bath or toilet
rooms, hallways, laundries, storage spaces, utility rooms, and similar
spaces.
Height of building is the vertical distance measured at the
center line of its principal front from the established grade or from
the natural grade, if higher than the established grade, to the level
of the highest point in the coping of flat roofs or the deck line
of a mansard roof, or to the mean height of the highest gable of a
pitched roof, or to half the height of a hipped roof. Where no roof
beams exist or there are structures wholly or partly above the roof,
the height shall be measured to the level of the highest point of
the building.
An interior wall is a wall which is entirely enclosed by
exterior wall of the building.
Lime-cement mortar consists of one part of dry hydrated lime
or lime putty and one part of portland cement added to not more than
six parts of approved sand, all measured by volume.
Lintel is the beam or girder placed over an opening in the
wall which supports the wall construction above.
Live loads are all imposed, fixed or transient loads other
than "dead loads."
A lot is a parcel of land having its principal frontage upon
a street or alley and occupied or to be occupied by a building and
its accessory buildings together with such open spaces as are required
by the Wisconsin State Building Code, this code and the zoning ordinances
of the City of South Milwaukee.
Lumber sizes and grades, whenever used in this code, mean
nominal sizes. The actual sizes shall not be less than the sizes specified
by the American Lumber Standards Committee. All grades shall be determined
using American Lumber Standards as a basis.
Masonry is that form of construction composed of monolithic
concrete or of stone, brick, concrete, gypsum, hollow clay tile, concrete
block or tile, or other similar solid or hollow incombustible building
units or materials, or a combination of these materials laid up unit
by unit and set in approved mortar.
Monolithic masonry is a homogenous mass of inert materials
mixed with portland cement and constructed in one continuous operation.
A motor vehicle is any self-propelling vehicle which is licensed
to travel over the streets and highways. In calculating garage accommodations
under this code, two-wheeled motorcycles shall be considered as the
equivalent of one motor vehicle.
National Electric Code.
A non-bearing wall is a wall which supports no load other
than its own weight.
A certificate allowing occupancy to a dwelling unit.
A panel wall is a non-bearing wall built between columns
or piers and wholly supported at each story.
A parapet wall is that part of any wall entirely above the
roof line.
A party wall is a wall used or adapted for joint service
between two buildings.
Portland cement mortar consists of one part portland cement
to not more than three parts of approved sand, except that dry hydrated
lime or lime putty in volume equal to not more than 15% of the volume
of portland cement may be added to the mortar.
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance. The word "repair" or
"repairs" shall not apply to any alteration.
A retaining wall is any wall used to resist the lateral displacement
of any material.
A vertical opening through one or more floors of a building
for elevators, dum waiter, light, ventilation, or similar purposes.
As used in this code, is mandatory.
A story is that portion of a building included between the upper
surface of any floor and the upper surface of the floor next above,
except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the ceiling
or roof above. A basement shall not be considered a story unless the
ceiling thereof is more than five feet above grade.
Second story. A building shall be considered a two-story building
when the bearing walls extend more than three feet above the second
floor or said wall is more than 17 feet high measured from the grade
up. No two-story residence bearing shall have a height to exceed 22
feet measured from the lower edge of the first floor joists to the
top of the wall.
A structure is that which is built or constructed, an edifice
or building of any kind, or any piece of work artificially built up
or composed of parts joined together in some definite manner.
A measure of the ability to retard the flow of heat.
Veneer is the outer facing of brick, stone, concrete or tile
attached to an enclosing wall for the purpose of providing ornamentation,
protection or insulation which cannot be considered as adding to the
strength of the walls.
A.
No building or any part thereof shall hereafter be built, enlarged,
altered or demolished within the City or moved into, within or out
of the City (except as hereinafter provided) unless a permit therefore
shall first be obtained by the owner or his agent as hereinafter provided.
No building shall be repaired, altered or moved within or into the
City that has deteriorated or has been damaged by any cause (including
such moving and separation from its foundation and service connections
in the case of moved buildings) 50% or more of its assessed value
and no permit shall be granted to repair, alter or move such building
within or into the City. The term "building" as in this code shall
include any building or structure and any enlargement, alteration,
moving or demolition of any building or structure; also any material
alteration in the heating plant of any building. Application for a
building permit shall be made in writing upon a blank form to be furnished
by the Building Inspector and shall state the name and address of
the owner of the building and the owner of the land on which it is
to be erected, the name and address of the designer and shall set
forth by legal description the land on which the building is to be
located, the location of the building, the house number thereof, and
such other information as the Building Inspector may require. With
such application there shall be submitted to the Building Inspector
a complete set of plans and specifications, including a survey or
a plat plan. Plans shall consist of a floor plan for each of the floors
of the proposed building, a basement floor plan (where a basement
is required) four elevations of the building showing how the building
will appear when constructed, and a typical section through the building
showing all pertinent construction details. Specifications furnished
shall indicate the type and quality of all materials as well as specific
instructions relative to construction and/or installation of equipment.
All plans shall be drawn to a scale not less than 1/8 inch per foot,
on paper or cloth in ink, by some other process that will not fade
or obliterate.
(1)
Building excavations prohibited before permit is issued.
(a)
No excavation for a basement or foundation wall shall be made
for the construction of a building within the City of South Milwaukee
unless a building permit for such building shall have been obtained
from the Building Inspector as provided in this chapter, prior to
commencing any type of excavation.
(b)
Penalty. Any person, firm or corporation violating any of the
provisions of this ordinance shall be fined not more than $20 and
the costs of prosecution, and in default of payment thereof, shall
be imprisoned in the County Jail for a period not to exceed 30 days.
(2)
Whenever application is made for a building permit for construction
work in an area previously declared blighted by the Common Council,
the Building Inspector shall notify the City Plan Commission and the
Common Council in writing of such application.
In the event the City Plan Commission recommends that the permit
be denied and the Common Council finds that the intended use is not
compatible with the rehabilitation of the blighted area, such permit
application shall be denied.
When a permit is denied pursuant to this section, the applicant may appeal to the Building Board for a review of the determination in the manner provided in § 16.28.1D.
[Added 7-2-1963 by Ord.
No. 731]
B.
Plans and specifications. All dimensions shall be accurately figured.
Drawings that do not show all necessary details to enable the Building
Inspector to intelligently inspect the same shall be rejected. In
buildings of reinforced concrete construction, the plans shall show
the girders, beams and slabs. All plans shall remain on file in the
Office of the City Engineer until at least two years after the completion
of the building, after which time the Building Inspector may return
the same to the owner, or may destroy them. If, in the opinion of
the Building Inspector, the character of the work is sufficiently
described in the application, he may waive the filing of plans, provided
the cost of such work does not exceed $1,000.
C.
Building Inspector to issue permits. If the Building Inspector finds
that the proposed building will comply in every respect with the ordinances
of the City and all laws and lawful orders of the State of Wisconsin,
he shall officially approve and shall issue a building permit therefore
which shall be countersigned by the City Clerk and kept 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, except with the written consent of the Building Inspector
filed with such application. In case adequate plans are presented,
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. It shall be unlawful to commence work on
any building or alteration before the building permit has been issued.
The issuance of a permit upon the plans and specifications shall not
prevent the Building Inspector from thereafter requiring the correction
of errors in said plans and specifications or from preventing building
operations being carried on thereunder when in violation of the Wisconsin
State Building Code, this code or any ordinances of the City of South
Milwaukee, or laws of the State of Wisconsin. No permit presuming
to give authority to violate or cancel the provisions of the City
ordinances or the laws of the State of Wisconsin shall be valid except
insofar as the work or use which is authorized is lawful.
D.
Weatherproof card to be posted by applicant. With every permit issued,
the Building Inspector shall issue to the applicant a weatherproof
card, properly filled out. It shall be the duty of such applicant
to place such card in a conspicuous place on the premises where the
building is to be erected, the card to be unobstructed from public
view and not more than 15 feet above the grade.
E.
When permit to lapse. A building permit shall have lapsed and be
void unless building operations are commenced within four months of
the date thereof, or if the building or work authorized by such permit
is suspended at any time after the work is commenced, for a period
of 60 days. Before such work can be re-commenced, a new permit shall
first be obtained at regular fee rate or a lapsed permit may be reinstated
by the City Engineer within 60 days after such permit shall have lapsed,
and when reinstated shall lapse and be void if building operations
are not commenced within four months after the date of reinstatement
thereof, or if there is a cessation of building operations of more
than six months, continuously or intermittently, after the reinstatement
thereof. This provision shall not apply if the delay is caused by
a strike or an act of God.
F.
Inspector may revoke permit. If the Building Inspector shall find
at any time that the above mentioned ordinances, laws, orders, plans
and specifications are not being complied with, he shall revoke the
building permit by written notice posted at the site of the work.
When any such permit is revoked, it shall be unlawful to do any further
work upon such building until the permit is re-issued, excepting such
work as the Building Inspector shall order to be done as a condition
precedent to the re-issuing of the permit.
G.
Permit not necessary for minor repairs. This code shall not be construed
to require a permit for any repairs or minor alterations, which do
not change the occupancy, area, structural strength, fire protection,
exits, light or ventilation of the building and which do not exceed
$500.
H.
Fees to be paid by applicant. Before receiving a building permit,
the owner or his agent shall pay the fee determined by resolution
of the Common Council. In the event work is commenced before a permit
is obtained, the fees shall be double the fee otherwise designated.
[Amended 2-22-1989 by Ord. No. 1422; 1-7-1992 by Ord. No. 1503; 4-21-1998 by Ord. No. 1705]
I.
Duty of police. It shall be the duty of all police officers to report
at once to the building Inspector any building within their respective
districts at which building operations are being carried on without
a building permit as required by this code.
J.
Completion of construction. Every structure for which a building
permit has been issued shall be completed within a reasonable time
but in no case later than one year after the issuance of the permit
unless the Building Inspector has certified on the permit that the
structure is of such a nature that more than one year is reasonably
required for its completion. Each permit issued under this chapter
shall lapse unless the structure for which it is issued has been certified
by the Building Inspector to be one for which more than one year construction
is reasonably required in which case the Building Inspector shall
determine the length of the permit but in no case shall the inspector
certify a length greater than 24 months.
[Amended 8-1-2000 by Ord.
No. 1775]
[Amended 8-1-2000 by Ord.
No. 1775]
A.
Footings & foundation inspection. Footings inspection is required
before the footing is poured. The foundation inspection is to be made
after completion of footing and foundation walls. No flooring shall
be laid nor shall any back-filling be done until the foundation inspection
is made and the work approved.
B.
Frame inspection. Frame inspection is to be made after the roof,
all framing, fire blocking and bracing is in place and all pipes,
chimneys and vents are complete.
C.
Final inspection - certificate of occupancy. The Building Inspector
shall make a final inspection of all new buildings, additions and
alterations. If no violation of this or any other ordinance, law or
lawful order be found, the Building Inspector shall issue a certificate
of occupancy stating the purpose for which the building is to be used,
also each floor thereof. No building or part thereof shall be occupied
until such certificate has been issued except with the written consent
of the Building Inspector; nor shall any building be occupied in any
manner which conflicts with the conditions set forth in the certificate
of occupancy.
Any person feeling himself aggrieved by any order of ruling
of the Building Inspector may appeal from such ruling to the Common
Council within 10 days after written notice of such ruling shall have
been delivered to him, such appeal to be in writing setting forth
the order appealed from and the reason why appellant claims that said
order or ruling is incorrect or illegal. Said notice of appeal shall
be filed with the City Clerk and shall be heard at the next Regular
Meeting of the Common Council, whereupon the said Common Council shall
affirm, reverse or modify said ruling. The ruling or order of the
Inspector shall be enforced until changed by the Common Council.
[1]
Editor's Note: Former § 16.10, Construction of buildings,
was repealed 8-1-2000 by Ord. No. 1775.
A.
The placing, erection or maintenance upon any lot or real estate
within the corporate limits of the City of South Milwaukee, of any
wagon, car, tent, trailer, shed or any other substitute for a building,
used or to be used for residential purposes or for the display or
sale of food or of other merchandise or used for any business is hereby
prohibited.
B.
Uses of unfinished premises for residence. It shall be unlawful to
erect a house, consisting of a basement only, for residential purposes,
and it shall be unlawful to occupy said premises for residential purposes.
C.
Penalty. Any person, firm or corporation violating any of the provisions
of this ordinance shall be fined not more than $200, and the costs
of prosecution, and in default of payment thereof, shall be imprisoned
in the County Jail for a period not to exceed 30 days.
[1]
Editor's Note: Former § 16.11, Excavations, was
repealed 8-1-2000 by Ord. No. 1775.
[Amended 8-1-2000 by Ord.
No. 1775]
Except as herein provided, every building constructed in the
City of South Milwaukee, including garages and outbuildings, shall
have a footing or a solid concrete floor. Footings shall not be less
that four feet below finish grade. Reinforced concrete slab foundation
poured in one operation may be used when acceptable to the Building
Inspector. Accessory buildings (sheds) with a floor area of 100 square
feet or less can be constructed without a footing or solid concrete
floor when the building inspector determines that due to the nature,
construction materials and size of the structure footings or concrete
floor is not required to insure the building's safety and permanence.
[1]
Editor's Note: Former § 16.13, Structural steel
and iron, § 16.14, Exterior basement walls, § 16.15,
Curb, driveways and sidewalks, and § 16.16, Wood frame construction,
were repealed 8-1-2000 by Ord. No. 1775.
A.
Horizontal members.
(1)
Girders and beams where entering or resting on masonry walls shall
have a bearing of at least four inches.
(2)
Wood members entering masonry party or fire walls shall be separated
from the opposite side of the wall and from beams entering the opposite
side of the wall by four inches of masonry. The ends of joists, beams
and girders shall be splayed or firecut to a level of not less than
three inches in their depth. Where wood joists rest on the top of
a masonry wall, the ends of such joists shall be properly spiked to
a two inch plank the same widths as the joists; the joists shall be
properly beam filled to provide anchorage to the masonry wall.
(3)
Where the outside walls are built of masonry, anchors for each tier
or joists shall be provided where they enter masonry walls, and also
when they are parallel to masonry walls. Such anchors shall be 3/4
inch round iron, or equal, not less than 36 inches long, fitted with
a 3/4-inch by ten-inch pin at the wall end and shall be spaced not
more than six feet apart. The pin shall be placed vertically in the
wall and four inches from the opposite face of such wall. Such anchors
shall in all cases occur on the opposite ends of the same run of joists,
and where the length of joists is less than the distance across the
building, the ends of joists shall be lapped and spiked so as to form
a continuous tie across the building. Anchors shall be placed across
the top of joists that run parallel to the wall, and shall be fastened
to the ends of joists below the neutral axis.
(4)
Floor joists shall be supported by beams, bearing partitions or walls.
Where entering exterior stud walls, the joists shall be supported
by a ribbon set into the studs if no plate is provided. Joists shall
be well nailed to supporting studs.
(5)
Joists under bearing partitions and running parallel thereto shall
be doubled and well spiked or separated by solid bridging not more
than 16 inches on center to permit the passage of pipes.
(6)
Wood cross bridging shall be placed between joists if the span is
over eight feet. The distance between bridging or between bridging
and bearing shall not exceed eight feet. Bridging shall be at least
one inch by three inches in size.
(7)
Metal cross bridging of equal or greater strength may be used in
the place of wood across bridging.
(8)
Cutting of wood girders, beams or joists shall be limited to cuts
and bored holes not deeper than 1/5 the beam depth below the top and
located not further from the beam end than three times the beam depth.
There shall be no cutting or notching the underside of any required
size beam or joist.
B.
Stud framework.
(1)
Where partition studs do not rest on walls or beams, stud partitions
shall be provided with sills or plates with dimensions not less than
the studs.
(2)
In bearing partitions, the top plate shall be doubled and lapped
at each intersection. Joints in the upper and lower members of the
top plate shall be staggered not less than 32 inches.
(3)
Studs in bearing walls and bearing partitions shall be not less than
1 5/8 inches by 3 5/8 inches in size with the 3 5/8
inch dimension at right angles with the plane or wall partition. Angles
at corners where stud walls or partitions meet shall be framed solid
so that no lath can be extended from one room to another.
(4)
Stud partitions containing plumbing, heating or other pipes shall
be framed to accommodate such equipment.
(5)
Wood lath, furring or framing shall be placed not less than two inches
from any chimney and not less than four inches from back of any fireplace.
C.
Roof framing.
(1)
Valley and hip rafters shall be two inches wider than the common
rafters, where dormers or gables are over six feet in width, the valley
rafter shall run through to the ridge of the main roof; where the
ridge of the dormer gable is below the ridge of the main roof, one
valley rafter shall run through the ridge of the main roof.
(2)
Metal flashings shall be placed around all openings in end extensions
of mechanical appliances or equipment through the roof.
(3)
Collar beams shall be provided when rafters are 16 feet or over measured
from the ridge to the bearing plate. Such collar beams shall be not
less than two inches by four inches and shall be placed not more than
32 inches center to center.
D.
Trusses.
(1)
Wood trusses and truss framing shall have all joints accurately cut
and fitted together so that each bearing is true and drawn tight to
the full bearing. All such trusses shall be properly secured in place
by lateral bracing.
(2)
Washers of sufficient size to distribute the loads properly shall
be used in connection with rods or metal members. Before a truss is
loaded, the tension rods shall be properly adjusted.
(3)
Timber trusses shall be securely anchored to the wall at points of
bearing.
[1]
Editor's Note: Former § 16.18, Private garages,
was repealed 8-1-2000 by Ord. No. 1775.
[Amended 8-1-2000 by Ord.
No. 1775]
A.
Detached private garages shall have no living rooms in connection
therewith.
[1]
Editor's Note: Former § 16.20, Attached private
garages, was repealed 8-1-2000 by Ord. No. 1775.
[Amended 8-1-2000 by Ord.
No. 1775]
Before proceeding with the construction, erection, alteration or remodeling of any boiler, furnace, oven or range, included in this code, or for any repairs or alterations of same, exceeding $25 in cost, a permit shall first be obtained from the Building Inspector by the heating contractor for such boiler, furnace, oven or range, except kitchen or laundry ranges or stoves in private residences. Before the Building Inspector shall issue the permit, an application shall be filled with him by the heating contractor specifying in detail the work to be done. If the application shows that such installation, remodeling, altering or repairs are to be done in conformity with the provisions of this code, the Building Inspector shall approve of the same and shall issue a permit to the applicant for which the fee determined by resolution of the Common Council shall be charged in accordance with § 16.07H of of the Code.
A.
Permit requirements.
(1)
Permit required. Except as hereinafter provided, before proceeding with the construction, erection, or installation of any air-cooled, water-cooled, or mechanically-cooled air conditioning or refrigeration system or unit in or to serve any building, a permit shall first be obtained from the Building Inspector, fee as set forth in § 16.07A.
(2)
Permits shall not be required for the installation of any air
conditioning or refrigeration system or unit that does not use water
for cooling and where the source of operating power is obtained by
plugging in an electrical cord connection to an electrical outlet.
This paragraph shall be applicable to portable units.
(3)
Application for a permit shall be made by the installing contractor
upon a form provided by the Building Inspector, shall be filled out
completely and shall provide the following information:
(a)
Name and address of contractor.
(b)
Location of premises where installation is proposed.
(c)
Name and address of owner.
(d)
Location of unit on premises including distance to lot lines
for exterior apparatus.
(e)
Manufacturer's identification, classification and size of unit.
(f)
Nature of coolant.
(g)
If water-cooled, source of water and method of discharging wastewater.
(Refer to Plumbing Inspection Department.)
(h)
Where water conservation devices are required, manufacturer's
name, identification, classification, and size of equipment.
(i)
Such additional information as shall be required by the Building
Inspector.
B.
Exterior structures. Where any unit of an air conditioning or refrigeration
system is located outside of the structure, said unit shall comply
with setback requirements as set forth in the Zoning Ordinance and
said location shall be subject to approval of the Building Inspector.
Said location shall not by noise or sight be detrimental to adjoining
property.
[Added 3-19-1969 by Ord.
No. 875]
[1]
Editor's Note: Former § 16.22, Heating appliances,
pipes and fittings, and § 16.23, Lathing and plastering,
were repealed 8-1-2000 by Ord. No. 1775.
A.
The provisions of this Code are not intended to and do not prevent
the use of types of construction or materials offered as an alternative
for the types of construction or materials required by this Code but
such alternate types of construction or materials to be given consideration
shall be offered for approval as specified in this section.
B.
Any person desiring to use types of construction or materials not
specifically mentioned in this Code shall file with the Building Inspector
authentic proof in support of such types of construction and materials
and request approval and permission for use of same.
Whenever any building work is being done contrary to the provisions
of this Code or is being done in an unsafe or dangerous manner, the
Building Inspector may order the work stopped by notice in writing
served on any persons engaged in doing or causing such work to be
done, and any such person shall forthwith stop such work until authorized
by the Building Inspector to recommence and proceed with the work.
Whenever any building or portion thereof is being used or occupied
contrary to the provisions of this Code, the Building Inspector shall
order such use or occupancy discontinued and the building or portion
thereof vacated by notice served on any person using or causing such
use or occupancy to discontinue such use or occupancy and such person
shall vacate such building or portion thereof within 10 days after
receipt of the notice or making the building or portion thereof comply
with the requirements of this Code on use and occupancy.
[Added 2-21-2018 by Ord.
No. 2168; amended 11-1-2022 by Ord. No. 2231; 12-5-2023 by Ord. No. 2252]
A.
Purpose. Registering of vacant nonresidential buildings or any other
vacant building, including, but not limited to, buildings occupied
or in business for manufacturing, industrial, storage or commercial
uses, is essential for the proper enforcement of the City's building,
fire and zoning code and to safeguard persons, property and general
welfare.
B.
OWNER
SECURED
UNSECURED
VACANT
VIOLATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The person(s) who is vested in all or part of the legal title
to the property.
A building that has all permanent doors and windows in each
appropriate building opening that are secured to prevent unauthorized
entry, and has all its door and window components intact and unbroken.
Any building that does not meet the definition of "secured."
Entire abandonment or nonoccupancy for any purpose other
than residential uses. Commercial malls and strip malls that are more
than 75% unoccupied will be considered vacant. "Vacant" shall also
include buildings that lack habitual presence of human beings who
have a legal right to be on the premises, or at which substantially
all lawful business has ceased operation within. This section applies
to vacant street level units located in the C-1, C-2 and C-3 Zoning
Districts, regardless if other units of the property are occupied.
Spaces with unauthorized or nonpermitted uses are considered vacant
for the purposes of this section.
A lawful order has been issued by the City, or a department
thereof, and the conditions forming the basis for the order have not
been fully abated.
C.
Registration required.
(1)
The owner of any building that has become vacant shall within
90 days after the building becomes vacant or within 90 days after
assuming ownership, whichever is later, file a registration statement
for each such building on forms provided by the City's Inspection
Department. The registration and provisions of this section shall
remain in effect for that period the building remains vacant, and
such registration shall be renewed on an annual basis.
(2)
Fees. Registration fees shall apply in accordance with the Administrative
Fee Schedule.
D.
Exemptions. The following are exempt from the provisions of this
section:
(1)
Property that is undergoing an active renovation or rehabilitation,
and where a permit for same has been secured from the City Inspection
Services Department.
(2)
Buildings that are constructed as and solely for residential
use, including single-family, two-family or multifamily residential
uses.
(3)
Properties that are part of an estate that is in probate and
are not subject to bankruptcy.
(4)
Properties that are publicly, actively and in good faith:
(a)
Being listed for sale or lease; and
(b)
Property is readily searchable and available on the internet
and there is posted signage at a scale legible from the public right-of-way,
with lettering not less than three inches in height with a minimum
3/8-inch stroke in contrasting color; and
(c)
Whether the owner has responded to inquiries to lease or sell
the property; and
(d)
Whether any advertised offer price or advertised rental price
aligns with area market rates.
(5)
Property owned by the City.
F.
Minimum requirements for vacant buildings.
(1)
After filing a registration statement, the building owner shall
provide access to the City, at the City's request, to conduct
an exterior and interior inspection of the building to determine compliance
with this section.
(a)
Exterior and interior maintenance.
[1]
It is prohibited to accumulate or permit the accumulation of
junk, trash, debris, boxes, lumber, scrap metal or any other materials
that may produce any health, fire or safety hazard, or provide harborage
for rodents or other animals.
[2]
The exterior of the building must be maintained in a manner
free from filth, dust, or unclean conditions.
[3]
Every foundation, roof, floor, wall, stair, ceiling or other
structural support shall be safe and capable of supporting the loads
associated with normal usage and shall be kept in sound condition
and repair.
[4]
Any plumbing fixtures, including those used for operation of
sprinkling systems, shall be maintained with no leaking pipes, and
all pipes for water shall either be completely drained or heated to
resist being frozen.
[5]
Every exterior exit door shall be secured with a lock, or with
a locking mechanism deemed equivalent or better by the Building Inspector.
Every exit door shall be capable of being opened from the inside easily
and without the use of a key or special knowledge.
[6]
An existing alarm system shall remain operational for buildings
with sprinkler systems.
[7]
Exterior and interior stairs shall have treads, platforms, risers
and railings that are sound, securely fastened and have no rotting,
loose or deteriorating supports.
[8]
Every owner shall be responsible for the extermination of insects,
rodents and other vermin in or about the premises.
[9]
The building interior, when visible to passersby through the
storefront windows, shall be maintained in a neat and orderly fashion.
[10]
If utilized, window treatments shall only be constructed
of materials specifically designed to be window treatments.
G.
Penalties.
(1)
Failure to register. Any property owner that fails to register
a vacant building shall forfeit a penalty of $100. Each additional
month of violation after notification is a separate $100 penalty.
(2)
Failure to secure and maintain. If any property owner, or entity
functioning as a trustee of an owner, having a duty to register a
vacant building is found to be in violation, the Building Inspector,
or his designee, shall send by first-class mail a written notice of
the violation to the person responsible for day-to-day supervision
and management of the building or to the authorized agent for service
and process and to the owner of record. Within 30 days or an amount
of time deemed appropriate by the Building Inspector, or his designee,
of the mailing of the notice of violation, the owner shall be required
to restore the building in compliance with this section. For failure
to secure and maintain the property as required in this section, the
owner shall forfeit $50 for every day that the building remains noncompliant.
H.
Charge for public safety services. Any property owner, or entity
functioning as a trustee of an owner, that fails to comply with any
provisions of this section shall, after 45 days from notification
by the Building Inspector, be charged for those City services rendered
to the property by the City while noncompliant with this section.
The City shall charge the cost thereof to the owner, and failure to
pay the City any costs shall be assessed against the real estate as
a special charge. Appeal of any determination of the City imposing
costs against the owner may be submitted for a hearing to the Legislation
and Permits Committee of the Common Council. Chapter 68, Wis. Stats.,
shall not apply to such appeal.
[1]
Editor's Note: Former § 16.28, Condemnation of unsafe
structures, and § 16.285, Building Board, were repealed
1-15-2013 by Ord. No. 2062.
[Added 11-15-1949 by Ord.
No. 398; amended 4-8-1998 by Ord. No. 1702]
A.
There is hereby created a committee to be known as "Building Inspection
Committees" consisting of the City Engineer, the Fire Chief, and the
Medical Advisor, or their designees. This committee shall inspect
those buildings which have been destroyed, condemned, or have been
otherwise deemed unfit for human habitation and use and which require
reconstructive work of more than 50% of the square footage of the
structure.
B.
The committee shall inspect the building in question prior to the
issuance of permits and prior to the commencement of any work, with
the exception of: (i) the issuance of a demolition permit, (ii) the
complete removal of the structure, or (iii) any work deemed necessary
by the Building Inspector to ensure the safety of the public. Upon
completion of its inspection, the committee shall submit a detailed
report including the present interior and exterior conditions, the
extent of damages or conditions, and the proposed plans for reconstruction
to the Plan Commission.
C.
No permit shall be issued for the reconstruction of the structure
in question unless the Plan Commission approves such reconstruction.
D.
No building or structure as described above shall be granted permits
unless the proposed work results in the following:
(1)
The building is made structurally safe, fireproof, and weatherproof.
(2)
The building is provided with sanitary facilities as per state
code and use.
(3)
The building is made to conform to existing zoning laws and
building codes in the City of South Milwaukee.
(4)
Any change in use shall conform with local zoning restrictions
and state building codes.
(5)
If the structure in question is a public/commercial building,
it is made to comply with the ADA accessibility requirements.
This Code shall not be construed as placing any liability on
the City of South Milwaukee for damages to anyone injured or to any
property damaged or destroyed as a result of the improper location
of any building, or any defect in any building, or any defect in any
equipment in any building.
A.
Application for permit.
(1)
Every application for a permit to move a building shall set forth
in detail a description of the construction at the present time, its
use and location, also the new location with diagram of the lot showing
the new location, and any existing buildings thereon, the substructure
that it is to be placed upon, the use intended in the future and the
route to be traversed in the moving. No permit shall be issued by
the Building Inspector until the Common Council of the City of South
Milwaukee has by a majority vote approved said application for a permit.
(2)
The applicant shall file with the application a bond in the sum of
$2,000, payable to the City of South Milwaukee, with good and sufficient
sureties to be approved by the Mayor and City Attorney, conditioned
to save and keep the City of South Milwaukee harmless from all liability,
and will indemnify the City of South Milwaukee against any and all
judgments, claims of every nature whatsoever, costs and expenses resulting
from the moving of said proposed building. In addition to said bond,
said applicant shall file a duplicate policy of liability insurance,
which policy shall name the City of South Milwaukee as a party assured
and shall insure the City of South Milwaukee against liability in
the amount of $10,000 for damage to property and $20,000 for damage
arising out of personal injuries or death.
(3)
The removal of a building shall be continuous during all hours of
the day, and day by day, and at night if the Building Inspector and
City Engineer so order, until completed with the least possible obstruction
to thoroughfares. No building shall be allowed to remain over night
upon any street crossing or intersection or so near thereto as to
prevent easy access to any fire hydrant. Lighted lanterns displaying
a red light shall be attached to every building being moved along
street during the period from 30 minutes after sunset to 30 minutes
before sunrise.
(4)
No permit shall be granted for the moving of any structure that has
deteriorated or been damaged from any cause 50% or more of its original
value. No wood, frame building shall be moved from without to within
the fire limits or into a new location unless the building is of a
construction and kind permissible for new buildings in such location
or district and complies with all of the requirements of the Building
Code and Ordinances of the City of South Milwaukee.
(5)
Every person receiving a permit to move a building shall, prior to
the time of the issuance of the permit, deposit the sum of $100 with
the City Treasurer to cover possible expenses which might be incurred
in order to repair damaged pavement. Every person receiving a permit
to move a building shall within one day after said building reaches
its destination report to the Building Inspector who shall notify
the City Engineer. The City Engineer shall thereupon inspect the streets
over which said building has been moved and ascertain their condition.
If the removal of said building has caused any damage to the streets,
the house mover shall forthwith place them in as good repair as they
were before the permit was granted. Upon the failure of the permit
holder to repair such damage within 10 days thereafter to the satisfaction
of the City Engineer, the City Engineer shall have the damage done
to such streets repaired and pay for the same from out of the money
deposit given by the permit holder responsible for the damage of the
street.
B.
Fees.
(1)
The permit fee for moving a building to be located in the City of
South Milwaukee or relocated within such City or relocated outside
of such City, shall be $25 for any building having a floor area of
500 square feet or less, and not more than one story in height. For
all other buildings, such permit fee shall be $100.
(2)
In cases where any building is moved through the City of South Milwaukee,
the same must be done on a trailer with pneumatic tires and the permit
fee shall be as follows: $100 for the first such building so moved
for an owner during any calendar year and $20 for each additional
building so moved for the same owner and over substantially the same
route during the calendar year.
A.
Violation. It shall be unlawful for any person, firm or corporation
to erect, construct, enlarge, alter, repair, move, demolish, convert,
equip, use or occupy, or maintain any building or structure in the
City of South Milwaukee contrary to or in violation of any provision
of this Code, or to cause, permit, or support the same to be done.
B.
Penalties. Any person, firm or corporation who shall violate any
of the provisions of this Code shall, upon conviction, pay a fine
of not less than $1 nor more than $200 and the costs of prosecution
for each offense, and in default of payment of such fine shall be
confined in the House of Correction for a period not to exceed 60
days. Each day a violation continues constitutes a separate offense.
[Amended 8-1-2000 by Ord.
No. 1775]
A.
If any section, subsection, paragraph, clause or provision of this
Code shall be adjudged invalid, such adjudication shall apply only
to the provisions so adjudged, and the rest of this Code shall remain
valid and effective.
[1]
Editor's Note: Former § 16.33, Establish One &
Two-Family Dwelling Building Code, and § 16.35, Commercial
Building Code, were repealed 8-1-2000 by Ord. No. 1775.
[Added 5-20-1997 by Ord.
No. 1669]
A.
Purpose and intent. It is hereby found and declared that premises
exist within the City of South Milwaukee which are blighted because
there exists upon these premises, buildings and or other structures,
either occupied or unoccupied by humans, a lack of proper design and
construction, maintenance and repair, sanitary facilities, adequate
light and ventilation, heating facilities, or any combination of these
factors. These conditions have resulted in buildings and structures
becoming so deteriorated, dilapidated, neglected, or unsanitary as
to jeopardize or be detrimental to the health, safety, and welfare
of the people of the City of South Milwaukee. That the above conditions
existing on such premises necessitate excessive and disproportionate
expenditures of public funds for public health and safety, crime and
fire protection, and other public services; and that these conditions
cause a drain upon public revenue and impair the efficient and economical
functions in such areas. It is hereby further found and declared that
the elimination of blighted premises in the future is in the best
interests of the citizens of South Milwaukee, and that the accomplishment
of this will be fostered and encouraged by the enactment and enforcement
of this chapter. The enactment and enforcement of this chapter is
hereby declared to be essential to the public interest, and it is
intended to be liberally construed to effectuate the purpose as stated
herein.
C.
Inspection of residential properties.
(1)
Whenever the Building Inspector shall have probable cause to believe
that a building is not in compliance with the following provisions,
the Building Inspector or any of his/her designees may make inspections
to determine the condition of dwellings, dwelling units, and premises
located within the City to safeguard the health and welfare of the
occupants of the dwellings and of the general public. Except in the
event of an emergency, interior inspections shall be conducted with
the consent of the owner or one with legal authority to consent or
upon a warrant issued by the municipal court or circuit court judge.
The Building Inspector shall seek a warrant only on the written report
of an adult or his own personal observation. Any written complaint
which is not signed will be disregarded.
(2)
Probable cause. An inspection warrant shall be sought only where
the owner or occupant has refused to consent to the inspection and
where the inspector satisfies the court that based on his/her personal
observations or on the report of one whom he believes to be reliable
and who is reporting from his/her own personal observations that the
premises are a health or safety hazard to the occupants or the surrounding
community or that the building has become so out of repair as to be
a blight upon the neighborhood.
D.
Inspection of nonresidential properties.
(1)
Inspection by Building Inspector. The Building Inspector or any of
his/her designees shall make inspections to determine the condition
of nonresidential properties and premises located within the City
to safeguard the health and welfare of the occupants and of the general
public.
(2)
Pre-occupancy inspections. Inspections of nonresidential premises,
or part thereof, shall be performed by the applicable officers or
his/her designee, prior to any change in the occupancy of any business
at said premises. To insure that the pre-occupancy inspection effectively
addresses all appropriate repairs or modifications and that the use
of the property is a use permitted under the applicable provisions
of the zoning code, a new occupancy permit must be obtained by each
new occupant prior to occupying any nonresidential premises.
[Amended 8-1-2000 by Ord.
No. 1775]
E.
Enforcement. The Building Inspector or his/her designee shall enforce
this code and shall be responsible for its interpretation where necessary.
Any owner who, having received an order to correct conditions under
this code who fails to correct those conditions when and as ordered
shall, upon conviction, be subject to a forfeiture of not less than
$10 nor more than $1,000 per day for each day the failure to correct
the condition continues beyond the time granted in the order for repair
of the condition.
F.
Issuance of order in emergency. If the Building Inspector, Health
Inspector, or Fire Inspector, or their designees determine that a
hazardous condition exists which requires immediate action to protect
the public, public property or private property from serious harm,
that officer may issue such orders as he/she deems necessary to protect
the public, public property or private property. Such an order shall
recite the basis for the determination that an emergency exists and
the order may require immediate response to repair the hazardous condition.
G.
Minimum requirements for residential properties. Upon inspection
the following standards shall apply and where appropriate, the order
for correction may prohibit occupancy of any dwelling unit which does
not meet the following minimum standards:
(1)
Residential units constructed after June 1, 1980 are required to
comply with the state codes for the year the unit was constructed.
Any remodeling or alterations done without a required permit must
conform to current codes.
(2)
Residential unit constructed prior to June 1, 1980 are required to
comply with the following minimum standards. Any remodeling or alterations
done without a required permit must conform to current codes.
(a)
Building exits. Every exit from a dwelling unit shall comply
with the following requirements:
[1]
Exit doors and passageways shall be kept in a reasonably good
state of repair and operational.
[2]
Exit doors and passageways shall be unobstructed at all times.
[3]
Every dwelling unit shall have at least two exits to the exterior
from the first floor. Exits located in the same room shall be counted
as one exit.
[4]
Every dwelling unit in excess of one story, shall be provided
with a minimum of two exits per floor. One exit may be a stairway/stairways
which leads to the first floor or discharges to grade or an approved
balcony/platform. Except when the second floor is the lowest level
of the dwelling unit, windows with a net clear opening of 20 inches
in width and 24 inches in height and a maximum sill height of 46 inches
shall be counted as an exit.
[5]
Basement areas not used for sleeping shall be provided with
one means of exit. Basement areas used for sleeping purposes shall
be provided with at least two exits. Windows which meet the requirements
for second floor exiting shall be counted as an exit.
(b)
Rooms. Sleeping areas/habitable rooms must have a minimum of
75 square feet of area. All rooms shall be in safe and sanitary condition.
(d)
Windows. Every habitable room shall be supplied with a minimum
of one window and shall comply with the following:
[1]
Glass areas must be free of holes or cracks and must be supplied
with proper glass or a suitable replacement.
[2]
Windows shall be in good condition, structurally sound, and
free of deterioration.
[3]
When operable type windows are present and/or required, the
window shall be in good operating condition.
(e)
Stairs and elevated areas. Stairs and elevated areas shall comply
with the following:
[1]
Structurally sound and in good condition.
[2]
Treads and Risers. Stairs shall have uniform treads and risers,
with a maximum variance of one inch.
[3]
All stairs of more than three risers shall be provided with
at least one handrail.
[4]
Stairs five feet in width or more shall have handrails on both
sides.
[5]
Handrails shall be provided for all open side stairways.
[6]
All openings between floors, balconies, decks, etc. which are
in excess of 24 inches above grade or a floor, shall be protected
with guardrails, located at least 36 inches above the floor.
(f)
Fire prevention/separation/prevention. The following requirements
must be complied with to prevent the spread of fire:
[1]
Smoke detectors. Smoke detectors, shall be required in areas
used for sleeping. At least one smoke detector, hardwired or battery
operated, per level is required.
[2]
Fire separation. Common walls of dwelling units and attached
garages shall have a fire rating of 3/4 hour.
[3]
Common doors of dwelling units and attached garages shall have
a fire rating of 20 minutes.
[4]
Structures within 10 feet of a dwelling unit must have a one
hour separation rating.
(g)
Foundations/walls/roofs.
[1]
All basements shall be provided with a concrete floor.
[2]
Foundation and support walls must be reasonably maintained and
structurally sound. Where defects or structural integrity is believed
to be present, repairs must be completed by a professional or the
foundation must be analyzed by an engineer to verify the capacity.
[3]
Roof areas must be free of structural defects. Excessive areas
of deterioration or apparent loss of structural integrity may require
structural analysis.
[4]
All interior floor areas shall be structurally sound.
(h)
Environmental.
[1]
Required window area. Every habitable room shall have a minimum
of one window facing directly to the outdoors.
[2]
Ventilation. Every habitable room shall have at least one window
capable of being opened easily. The total operable window area shall
be equal to at least 50% of the minimum window area size.
[3]
All operable windows shall be supplied with effective storms
and or screens.
(i)
Energy.
[1]
Doors and windows shall be reasonably weather tight, free of
holes, and rodent proof. The building official may require weather-stripping,
or storm windows and doors to be installed if deemed necessary.
[2]
All dwelling units shall be supplied with a heating system that
is in compliance with the following requirements:
[a]
All clearances to combustibles are properly met
as required by state codes and manufacturer's specifications.
[b]
Ventilation system is properly maintained and installed.
[c]
Heating apparatus and ventilation system shall
not emit unsafe values of gas into the home.
[d]
Ventilation system must be free of defects which
may allow carbon monoxide to enter into the dwelling.
[e]
The heating system shall be capable of maintaining
a 70° environment throughout the habitable areas of the dwelling
from September 21 to June 21.
(j)
Sanitary and plumbing.
[1]
All plumbing installations shall conform to the state codes
for the era it was installed. In the case of repairs or remodeling,
all plumbing installations must comply with the applicable codes.
[2]
All sanitary fixtures (waterclosets, showers, sinks, etc.) shall
be in proper working condition.
[3]
Minimum sanitary requirements; every dwelling unit, with the
exception of rooming houses or other facilities where sanitary facilities
are shared, which is used for living must contain the following:
[4]
Water heating facilities/capacities; Every kitchen, bathroom
and laundry room shall be supplied with hot water. Hot water shall
be supplied by a heating system capable of heating water to a minimum
of 100° F. Heating systems shall have a capacity sufficient for
the occupants.
(k)
Electrical systems.
[2]
Outlet requirements. Electrical outlets shall be operational
and correctly wired. The following are minimum outlet requirements.
These minimums may be reduced by the Building Inspector when he deems
such reduction will not jeopardize the safety of the occupants.
[a]
Kitchens. Counter top spaces shall be supplied
with a minimum of one outlet for every separate counter surface.
[b]
Bathrooms. Bathrooms shall be supplied with a minimum
of one outlet.
[c]
Bedrooms. A minimum of two outlets per 100 square
feet of floor area, excluding closets, is required.
[d]
Other habitable rooms. Habitable rooms, except
as indicated above, shall have a minimum of two outlets per 150 square
feet of floor area.
[3]
Lighting requirements. Lighting shall be supplied, in working
condition, and be in compliance with state and national codes. Lighting
shall be installed in every habitable room, bathrooms, hallways, stairways,
and at all outdoor entrances or exits if the Building Inspector deems
such entrance/exit lighting necessary.
H.
Items of maintenance.
(1)
Exterior maintenance. All exterior surfaces shall be free of loose,
cracked, missing or deteriorating materials. Surfaces shall be maintained
and resurfaced as necessary. Exterior building elements shall be free
of deteriorating, unsafe, unsanitary, or unsightly conditions.
(2)
Property maintenance. All yard areas shall be maintained and free
of excessive debris. Properties must be maintained so as not to create
an unsafe, unsanitary or unsightly area for the surrounding community.
