[HISTORY: Adopted by the Village Board of the Village of
Denmark 6-5-2017 by Ord. No. 2017-03. Amendments noted where applicable.]
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.
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.
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.
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]
I.
Liability. The general contractor, permit holder and owner are jointly
and severally liable for violations of this section.
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.
