Village of Wild Rose, WI Chapter 10-3 Building Regulations

[HISTORY: Adopted by the Board of Trustees of the Village of Wild Rose. Amendments noted where applicable.]

§ 10-3-1 Building permits generally.

[Amended 8-5-2020 by Ord. No. 2020-02]

A. General permit requirements. No construction, remodeling or improvements that change the original footprint of the building shall be performed in the Village of Wild Rose unless a permit therefor is obtained as required in the provisions of this chapter.

B. Payment of fees. All fees shall be paid to the Village Clerk-Treasurer. No permit shall be issued to the owner or his/her agent until said fees are paid.

C. Permit lapses. A building permit shall lapse and be void unless operation under the permit are commenced within 60 days from the date of issuance thereof and will expire 12 months from the issue date unless an extension is requested.

D. Revocation. If the Village Clerk-Treasurer shall find at any time that the above-mentioned ordinances, laws, orders, plans and specifications are not being complied with, and that the holder of the permit refuses to conform after a written warning has been issued to the holder of the permit, the Village Clerk-Treasurer 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 work there under until the permit is reissued, excepting such work as the Village Clerk-Treasurer may order to be done as a condition precedent to the reissuance of the permit, or as she may require for the preservation of human life and safety or property.

E. Report of violations. It shall be the duty of all police officers, Village employees and trustees to immediately report to the Village Clerk-Treasurer any building work which is being carried on without a permit as required by this chapter.

F. Records. The Village Clerk-Treasurer shall keep a record of all permits, fees and inspections. He/she shall submit to the Village Board on the first of each month a report of permits, to whom issued, value of proposed building, and fee and inspections made, if any, during the previous month.

§ 10-3-2 Building permits and inspection.

[Amended 8-5-2020 by Ord. No. 2020-02]

A. Permit required. No building or any part there of shall hereafter be erected within the Village of Wild Rose or ground broken for the same, except hereinafter provided, until a permit therefor shall first have been obtained from the Village Building Inspector through the Clerk-Treasurer by the owner, or his/her authorized agent. The term "building" as used in this section shall include any industrial, commercial, business (including investment and rental property), building or structure, and any enlargement, alteration, change in original footprint, heating or ventilating installation, moving or demolishing, or anything affecting the fire hazards or safety of any building or structure.

B. Application. Application for a building permit shall be made in writing upon a form furnished by the Village Clerk-Treasurer and shall state the name and address of the owner of the land, and also the owner of the building, if different, the legal description of the land upon which the building is to be located, and shall contain such other information as the Village Clerk-Treasurer and/or the Village Building Inspector may require for effective enforcement of this chapter.

C. Compliance with State Building Code. In making any improvements for which a permit is required by this chapter, the owner shall comply with the requirements of the State Building Code. The Village shall have no responsibility to advise the owner or inspect the improvement to ensure that the owner has complied with the provisions of the State Building Code.

D. Fees. There is a fee schedule for building permits.

E. The term "dwelling" used in this section includes every building occupied exclusively as a residence with owner residing. Any repair or replacement for normal maintenance, such as new roofing, hot water heater, HVAC, toilet vanity/sink, or window replacement, will not require an inspection or building permit. If there is a change in the footprint or enlargement or reduction in the size of an opening, the requirements in § 10-3-1 will apply.

§ 10-3-3 Construction standards.

[Amended 10-2-2019 by Ord. No. 2019-03]

A. Codes adopted. The State Building Code, Wis. Adm. Code, Chapters SPS 360 through 366 for commercial buildings and Wis. Adm. Code Chapters SPS 320 through 325 for one- and two-family buildings, are adopted and made a part of this section with the respect to those classes of buildings to which this building code specifically applies. Any future amendments, revision and modifications of such chapters incorporated in this section are intended to be made a part of this Code. Also adopted are Wis. Adm. Code Chapter SPS 326, Manufactured Home Communities, Wis. Adm. Code Chapter SPS 327, Camping units, and Wis. Adm. Code SPS 328, Smoke Detectors and Carbon Monoxide Detectors. A copy of all portions of the State Building Code and all amendments there to which have been adopted by the Village shall be kept on file in the office of the Building Inspector.

B. State Plumbing Code. The provision and regulations of Wis. Stats. Ch.145 and Wis. Adm. Code Chapters SPS 381 through 387 are part of this section by reference and shall extend over and govern the installation of all plumbing installed, altered or repaired in the Village. Any further amendments, revisions and modifications of such statutes and are intended to be made part of this chapter.

C. State Electrical Code.

(1) The current edition of Wis. Adm. Code Chapter SPS 316 is adopted by reference and made a part of this section and shall apply to the construction and inspection of new one- and two-family dwellings and additions or modifications to one- and two-family dwellings in existence on the effective date of the ordinance from which this chapter is derived.

(2) Subject to the exceptions set forth in this chapter, Wis. Adm. Code Chapter SPS 316 is adopted by reference and made part of this section and shall apply to all buildings, except for those covered in Subsection C(1) of this section.

§ 10-3-4 Disclaimer on inspections.

The purpose of this Code is to allow the Village to determine the value of the property for tax purposes and to improve the quality of housing in the Village. While the Village reserves the right to conduct inspections and investigations if it has probable cause to believe the provisions of this chapter; the Village assumes no duty to conduct routine inspections or to determine that improvements made pursuant to a permit issued under this chapter do in fact comply with the State Building Code. Such compliance is solely the responsibility of the person or persons making the improvement.

§ 10-3-5 Violations and penalties.

A. Any building or structure hereafter erected, enlarged, altered or repaired, or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure, or use. The Village Clerk-Treasurer shall promptly report all such violations to the Municipal Judge and the Village Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure of the establishment of such use, or to cause such building, structure or use to be removed and may also be subject to a penalty as provided in § 1-1-8 of this Code. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Village Clerk-Treasurer constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.

[Amended at time of adoption of Code (see Ch. 1-2, Adoption of Code)]

B. Enforcement. The Building Inspector and his delegated representatives are authorized and directed to administer and enforce all of the provisions of the Uniform Dwelling Code, HVAR, State Electrical Code and State Plumbing Code. The Building Inspector shall be certified for inspection purposes by the department in each of the categories specified in Wis. Adm. Code Chapter SPS 305.

[Added 10-2-2019 by Ord. No. 2019-03]

§ 10-3-6 Garages.

[Added 10-2-2019 by Ord. No. 2019-03]

Private garages within the Village shall be built in accordance with the general construction standards established in the state Uniform Dwelling Code, Wis. Adm. Code Chapter SPS 320 through SPS 325.

§ 10-3-7 Building, plumbing, and electrical inspectors.

[Added 10-2-2019 by Ord. No. 2019-03]

A. The Building Inspector shall be certified by the State Department of Safety and Professional Services to administer and enforce all provisions of the State Uniform Dwelling Code and the Commercial Building Code.

B. Possess licenses as noted in Wis. Adm. Code Chapter SPS 305.

§ 10-3-8 Buildings and inspections.

[Added 10-2-2019 by Ord. No. 2019-03]

A. Permit required.

(1) Excepted for an electrical wiring project described in § 101.875(2), Wis. Stats., and as provided in Subsection A(1)(g), no electrical wiring project may commence unless the owner of the premises where the installation is to occur or their agent holds a permit from the designated inspection agency if the project involves the installation of new or an addition to any electrical service, feeder, or branch circuit serving any of the following:

(a) A farm.

(b) A public building, structure, or premises.

(c) A place of employment.

(d) A campground.

(e) A manufactured home community.

(f) A public marina, pier, dock, or wharf.

(g) A recreational vehicle park.

B. Under emergency conditions, the necessary electrical wiring may commence without obtaining a permit, provided the owner of the premises where the installation is to occur or their agent submits a permit application to the inspection agency designated by the department to provide electrical inspections for the installation no later than the next business day after commencement of the installation.

C. Application:

(1) The application for an electrical permit required under Subsection A shall contain all of the following information;

(a) The name of the applicant.

(b) The name of the building or property owner.

(c) The location of the electrical wiring installation.

(d) The scope and extent of the electrical wiring installation.

(e) The name of the person responsible for the installation.

(f) The name and license number of the master electrician, residential master electrician, or registered master electrician under § SPS 305.437, Wis. Adm. Code, responsible for the installation, unless exempted under § 101.862(4), Wis. Stats.

(2) The issuing inspection agency shall indicate on the electrical permit the date of issuance.

(3) A permit required under Subsection B shall expire 12 months after the date of issuance if the installation of the electric wiring has not commenced.

§ 10-3-9 Plan approval fees.

[Added 10-2-2019 by Ord. No. 2019-03]

Fees for the examination and approval of all plans submitted accordance with the requirements of Wis. Adm. Code Chapters SPS 360 through SPS 366 shall be determined in accordance with the following:

A. Building, heating and ventilation. Fees for plan examination shall be determined on square footage as per published fee schedule.

§ 10-3-10 Permit fees.

[Added 10-2-2019 by Ord. No. 2019-03]

The following fees shall be as provided in the fee schedule on file in the Clerk-Treasurer's office:

A. Heating, ventilating, and air-conditioning permits.

B. Sign permits.

C. Moving permits.

D. Razing permits.

E. Driveway permits.

§ 10-3-11 Enforcement.

[Added 10-2-2019 by Ord. No. 2019-03]

If an inspection reveals a noncompliance with the provisions of this chapter or the Uniform Dwelling Code or the Commercial Building Code, the Building Inspector shall notify the applicant and owner, in writing, of the violation to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension period is granted pursuant to Wis. Adm. Code Chapters SPS 320 through 321.

§ 10-3-12 Adoption of state codes.

[Added 10-2-2019 by Ord. No. 2019-03]

The following orders, rules and regulations of the Department of Safety and Professional Services (SPS), all of which are set forth in Wisconsin Administrative Code, as amended from time to time, are incorporated in this section by reference and adopted as part of this chapter:

Ch. SPS 305, Licenses, certifications and registrations

Ch. SPS 307, Explosives and fireworks

Ch. SPS 308, Mines, pits and quarries

Ch. SPS 310, Flammable, combustible and hazardous liquids

Ch. SPS 314, Fire prevention

Ch. SPS 314, Appendix

Ch. SPS 316, Electrical

Ch. SPS 318, Elevators, escalators and lift devices

Ch. SPS 320, Administration and enforcement

Ch. SPS 321, Construction standards

Ch. SPS 322, Energy conservation

Ch. SPS 323, Heating, ventilating and air conditioning

Ch. SPS 324, Electrical

Ch. SPS 325, Plumbing

Ch. SPS 320-325, Appendix

Ch. SPS 320-325, Index

Ch. SPS 326, Manufactured home communities

Ch. SPS 327, Camping units

Ch. SPS 328, Smoke detectors and carbon monoxide detectors

Ch. SPS 330, Fire department safety and health

Ch. SPS 332, Public employee safety and health

Ch. SPS 333, Passenger ropeways

Ch. SPS 334, Amusement rides

Ch. SPS 335, Infectious agents

Ch. SPS 335, Appendix

Ch. SPS 340, Gas systems

Ch. SPS 341, Boilers and pressure vessels

Ch. SPS 341, Appendix excerpts from boiler, pressure vessel and piping codes and standards

Ch. SPS 343, Anhydrous ammonia

Ch. SPS 343, Appendix

Ch. SPS 345, Mechanical refrigeration

Ch. SPS 345, Appendix

Ch. SPS 346, Risk screening and closure criteria for petroleum product contaminated sites and agency roles and responsibilities

Ch. SPS 346, Appendix, Nonparametric statistical tests for determining the effectiveness of natural attenuation

Ch. SPS 347, Petroleum environmental cleanup fund

Ch. SPS 347, Appendix

Ch. SPS 348, Petroleum and other liquid fuel products

Ch. SPS 360, Erosion control, sediment control and stormwater

Ch. SPS 361, Administration and enforcement

Ch. SPS 362, Buildings and structures

Ch. SPS 363, Energy conservation

Ch. SPS 364, Heating, ventilating and air conditioning

Ch. SPS 365, Fuel gas appliances

Ch. SPS 366, Existing buildings

Ch. SPS 361 to 366, Appendix A

Ch. SPS 361 to 366, Appendix B

Ch. SPS 367, Rental unit energy efficiency

Ch. SPS 371, Solar energy systems

Ch. SPS 372, Cleaning methods for historic buildings

Ch. SPS 375, Definitions and general requirements

Ch. SPS 376, Factories, office and mercantile buildings

Ch. SPS 377, Theaters and assembly halls

Ch. SPS 378, Schools and others places of instruction

Ch. SPS 379, Apartment houses, hotels and places of detention

Ch. SPS 381, Definitions and standards

Ch. SPS 382, Design, construction, installation, supervision and inspection of plumbing

Ch. SPS 382, Appendix

Ch. SPS 383, Private onsite wastewater treatment system

Ch. SPS 383, Appendix

Ch. SPS 384, Plumbing products

Ch. SPS 384, Appendix

Ch. SPS 385, Soil and site evaluations

Ch. SPS 386, Boat and on shore sewage facilities

Ch. SPS 387, Private onsite wastewater treatment system replacement or rehabilitation financial assistance program

Ch. SPS 390, Design and construction of public swimming pools and water attractions

Ch. SPS 390, Appendix

Ch. SPS 391, Sanitation

Ch. SPS 391, Appendix

Ch. SPS 431, Diesel truck idling reduction grants

Ch. SPS 431, Appendix

Ch. SPS 456, Manufactured housing rehabilitation and recycling