[HISTORY: Adopted by the Town Board of the
Town of Fulton 9-12-1996 as Ch.
7, § 3d of the 1996 Code; amended in its entirety 12-11-2018 by Ord. No. 2018-21. Subsequent amendments noted where applicable.]
These regulations are adopted under the authority granted by
§§ 101.65 and 101.86(1), Wis. Stats.
The purpose of this chapter is to promote the general health,
safety and welfare and to maintain required local uniformity with
the administrative and technical requirements of the Wisconsin Uniform
Dwelling Code, Wisconsin Commercial Building Code, and the Wisconsin
Electrical Code.
A.
Notwithstanding Chs. SPS 320 through 325, Wis. Adm. Code, the scope
includes the construction and inspection of alterations and additions
to one- and two-family dwellings built before June 1, 1980. Because
such projects are not under state jurisdiction, petitions for variance
and final appeals under §§ SPS 320.19 and 320.21, Wis.
Adm. Code, respectively, shall be decided by the Town Board. Petitions
for variance shall be decided per § SPS 320.19, Wis. Adm.
Code, (Intro) so that equivalency is maintained to the intent of the
rule being petitioned. As the Town Board approves petitions for variance,
the chief inspector is granted the power to apply the results to similar
circumstances by precedent.
B.
Notwithstanding § SPS 320.05, Wis. Adm. Code, the scope also includes the construction and inspection of detached garages serving one-and two-family dwellings. The building structure and any heating electrical or plumbing systems shall comply with the Uniform Dwelling Code. Petitions for variance and appeals shall be handled as in Subsection A.
C.
The scope also includes the inspection of electrical wiring installations
at farms, public buildings, places of employment, campgrounds, manufactured
home communities, public marinas, piers, docks, or wharves and recreational
vehicle parks. Petitions for variance and appeals shall be handled
as provided in Ch. SPS 316, Wis. Adm. Code.
The Wisconsin Uniform Dwelling Code, Chs. SPS. 320 through 325
of the Wisconsin Administrative Code, and all amendments thereto,
is adopted and incorporated by reference and shall apply to all buildings
within the scope of this chapter. Detached garages will need to comply
with the Uniform Dwelling Code Fire Separation Requirements.
Chapter SPS 316 of the Wisconsin Administrative Code and all
amendments thereto are adopted in its entirety and incorporated by
reference and shall apply to all buildings within the scope of this
chapter.
Chapter SPS 361 through 366, Wisconsin Commercial Building Code,
and Chs. SPS 375 through 379 are hereby adopted and made a part of
this chapter with respect to those classes of buildings to which this
building code specifically applies. Any future amendments, revisions
and modifications of said chapters incorporated herein are intended
to be made a part of this Code.
There is hereby created the position of Building Inspector,
who shall administer and enforce this chapter and shall be certified
by the Division of Safety and Buildings, as specified by § 101.66(2),
Wis. Stats., in the category of Uniform Dwelling Code Construction
Inspector and Commercial Building Inspector. Additionally, this or
other assistant inspectors shall possess the certification categories
of UDC HVAC, UDC electrical and UDC plumbing.
A.
Permit required. No building of any kind shall be moved within or
into the Town of Fulton and no new building or structure or any part
thereof shall be erected or ground broken for such or enlarged, altered,
moved, demolished, razed or used within the Town of Fulton except
as provided in this article, until a permit shall first have been
obtained by the owner or the owner's authorized agent from the
building inspector.
B.
Alterations and repairs. The following shall apply to buildings altered
or repaired:
(1)
Alterations. When not in conflict with any regulations, alterations
to any existing building or structure accommodating a legal occupancy
and use but of substandard type of construction, which involves either
beams, girders, columns, bearing or other walls, rooms, heating and
air-conditioning systems, arrangement, light and ventilation, changes
in location of exit stairways or exits, or any or all of such, the
existing construction shall be made to conform to the minimum requirements
of this article applicable to such occupancy and use and given type
of construction.
(2)
Alterations and repairs required. When any of the structural members
of any building or structure have deteriorated from any cause whatsoever
to less than their required strength, the owner of such a building
or structure shall cause such structural members to be restored to
their required strength; failing in which the building or structure
shall be considered a menace to public safety and shall be vacated
and thereafter no further occupancy or use of the building or structure
shall be permitted without compliance with this article.
C.
Application for permit. Application for a building permit shall be
made in writing upon a form furnished by the Building Inspector and
shall state the name and address of the owner of the land and also
the owner of the building if different, the legal description of the
land upon which the building is to be located, the name and address
of the designer, the use to which such building is to be put and such
other information as the building inspector may require.
D.
Waiver of plans; permit not required.
(1)
Waiver. If the Building Inspector finds that the character of the
work is sufficiently described in the application, the Building Inspector
may waive the filing of plans for alterations, repairs or moving,
provided the cost of such work does not exceed $5,000.
(2)
The construction, movement or structural alteration of a building
less than 100 square feet of surface area shall not require a building
permit.
(3)
Repairs for purposes of maintenance or replacement in any existing
building or structure which do not involve the structural portions
of the building or structure or which do not affect room arrangement,
light and ventilation, access to or efficiency of any exit stairways
for exits, fire protection shall not require a building permit.
(4)
Any improvement or alteration to an existing building or other structure
with materials and labor which will be at a cost of $5,000 or less,
as determined by the Building Inspector, which do not entail a structural
change or change fire protection, exits, lighting, electrical or ventilation
of the building or structure shall not require a building permit.
E.
Approval of plans.
(1)
If the Building Inspector determines that the building will comply
in every respect with all Town of Fulton ordinances and orders and
all applicable state laws and orders, the Building Inspector shall
issue a building permit which shall state the use to which the building
is to be put, which shall be kept and displayed at the site of the
proposed building. After being approved, the plans and specifications
shall not be altered in any respect which involves any of the Town
of Fulton ordinances or state laws or orders or which involves the
safety of the building or the occupants, without written consent of
the Building Inspector.
(2)
If adequate plans are presented for part of the building only, a
permit for that part of the building may be issued at the discretion
of the Building Inspector before receiving the plans and specifications
for the entire building.
F.
Permit lapses. A building permit shall lapse and be void unless building
operations are commenced within six months or if construction has
not been completed within 24 months from the date of issuance thereof.
G.
Revocation of permits.
(1)
The building, plumbing, electrical or heating, ventilating and air
conditioning (HVAC) inspector may revoke any building, plumbing, heating,
ventilating and air conditioning or electrical permit, certificate
of occupancy, or approval issued under this chapter and may stop construction
or use of approved new materials, equipment, methods or construction,
devices or appliances for any of the following reasons:
(a)
The Inspector finds at any time that applicable ordinances,
laws, or orders, plans and specifications are not being complied with
and that the holder of the permit refused to conform after written
warning has been issued to the holder of the permit.
(b)
The continuance of any construction becomes dangerous to life
or property.
(c)
There is any violation of any condition or provisions of the
application for the permit or of the permit.
(d)
In the opinion of the Inspector, there is inadequate supervision
provided on the job site.
(e)
Any false statement or misrepresentation has been made in the
application for the permit, plans, drawings, data specifications or
certified lot or plot plan on which the issuance of the permit or
approval was based.
(f)
There is a violation of any of the conditions of an approval
or occupancy given by the Inspector for the use of all new materials,
equipment, methods or construction devices or appliances.
(2)
The notice revoking a building, plumbing or electrical certificate
of occupancy or approval shall be in writing and may be served upon
any of the following: the applicant of the permit, upon the owner
of the premises and the owner's agent, if any, and upon the person
having charge of construction.
(3)
A revocation placard shall also be posted upon the building, structure,
equipment or premises in question by the Inspector.
(4)
After the notice is served upon such persons and posted, it shall
be unlawful for any person to proceed thereafter with any construction
operation whatsoever on the premises and the permit which has been
so revoked shall be null and void. Before any construction or operation
is again resumed, a new permit, as required by this chapter, shall
be procured and fees paid therefor, and thereafter the resumption
of any construction or operation shall be in compliance with this
chapter. However, such work as the Inspector may order as a condition
precedent to the reissuance of the building permit may be performed
or such work as the Inspector may require for the preservation of
life and safety shall be performed.
H.
Report of violations. Town of Fulton officers shall report at once
to the Building Inspector any building which is being carried on without
a permit as required by this chapter.
I.
Display of permit. Building permits shall be displayed in a conspicuous
place on the premises where the authorized building or work is in
progress at all times during construction or work thereon.
The building permit fees shall be determined by resolution and
shall include the cost of the state seal which is assigned to any
new dwelling by the Wisconsin Department of Commerce and the fees
for the Town of Fulton and inspection agency.
The enforcement of this chapter and all other laws and ordinances
relating to building shall be by means of the withholding of building
permits, imposition of forfeitures and injunctive action. Forfeitures
shall be not less than $25 nor more than $1,000 for each day of noncompliance.
