[HISTORY: Adopted by the Town Board of the Town of Milton 11-26-1973 by Ord. No.
45; amended in its entirety 8-17-2020 by Ord. No. 2020-3. Subsequent amendments
noted where applicable.]
This chapter shall be known as the "Building Code of the Town
of Milton" and will be referred to in this chapter as "this code."
This code provides certain minimum standards, provisions and
requirements for safe and stable design methods of construction and
use of materials in buildings and/or structures hereafter erected,
constructed, enlarged, altered, repaired, moved, converted to other
uses or demolished, and regulates the equipment and maintenance, use
and occupancy of all such buildings and/or structures. Its purpose
is to protect and foster the health, safety and well-being of persons
occupying or using such buildings or the general public.
A.
New buildings hereafter erected in, or any building hereafter moved
within or into, the Town of Milton shall conform to all requirements
of this code, except as they are herein specifically exempted from
part or all its provisions.
B.
Any alteration, enlargement, or demolition of an existing building
and any installation therein of electrical, gas, heating, plumbing,
or ventilating equipment which affects the health or safety of the
users thereof or any other persons is a "new building" for the purpose
of this code whenever it is used for dwelling, commercial, or industrial
purposes, unless it was used for such purpose at the time this code
was enacted.
C.
The provisions of this code supplement the laws of the State of Wisconsin
pertaining to construction and use the County Zoning Ordinance of
Rock County, Wisconsin, and amendments thereto to this date, and in
no way supersede or nullify such laws and ordinances.
D.
The following chapters of the Wisconsin Administrative Code, as well
as all subsequent revisions, are adopted by the Town of Milton and
shall be enforced by the Building Inspector:
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§ SPS 302.31
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Plan Review Fee Schedule
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§ SPS 305
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Credentials
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§ SPS 316
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Electrical Code
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§§ SPS 320 through 325
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Uniform Dwelling Code
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§ SPS 327
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Campgrounds
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§§ SPS 361 through 366
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Commercial Building Code
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§§ SPS 375 through 379
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Buildings Constructed Prior to 1914
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§§ SPS 381 through 387
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Uniform Plumbing Code
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The Town has adopted the certified municipality status as described
in § SPS 361.60, Wis. Adm. Code.
A.
Responsibilities. The Town shall assume the following responsibilities
for the Department of Safety and Professional Services (Department):
B.
Plan examination. Drawings, specifications, and calculations for
all the types of buildings and structures, except state-owned buildings
and structures, to be constructed within the limits of the municipality
shall be submitted, if the plans are for any of the following:
(1)
A new building or structure containing less than 50,000 cubic feet
of total volume.
(2)
An addition to a building or structure where the area of the addition
results in the entire building or structure containing less than 50,000
cubic feet of total volume.
(3)
An addition containing no more than 2,500 square feet of total floor
area and no more than one floor level, provided the largest roof span
does not exceed 18 feet and the exterior wall height does not exceed
12 feet.
(4)
An alteration of a space involving less than 100,000 cubic feet of
total volume.
(5)
A certified municipality may waive its jurisdiction for the plan
review of a specific project or types of projects, or components thereof,
in which case plans and specifications shall be submitted to the Department
for review and approval.
(6)
The Department may waive its jurisdiction for the plan review of
a specific project, where agreed to by a certified municipality, in
which case plans and specifications shall be submitted to the certified
municipality for review and approval.
A.
Creation and appointment. There is hereby created the office of Building
Inspector. The Building Inspector shall be appointed by the Town Board
of the Town of Milton. The Building Inspector shall be certified for
inspection purposes by the Department in the required categories specific
under Ch. SPS 305, Wis. Adm. Code.
B.
Assistants. The Building Inspector may employ, assign, or appoint,
as necessary, assistant inspectors. Any assistant hired to inspect
buildings shall be certified as defined in Ch. SPS 305, Wis. Adm.
Code, by the Department.
C.
Duties. The Building Inspector shall administer and enforce all provisions
of this chapter.
D.
Powers. The Building Inspector or an authorized certified agent of
the Building Inspector may, at all reasonable hours, enter upon any
public or private premises for inspection purposes. The Building Inspector
may require the production of the permit for any building, plumbing,
electrical, or heat work. No person shall interfere with or refuse
to permit access to any such premises to the Inspector or his/her
agent while in the performance of his/her duties. In the event that
the Inspector is refused access to any such premises, then the Inspector
is authorized to apply for a special inspection warrant pursuant to
§ 66.0119, Wis. Stats.
No owner or contractor may commence construction of any building
or mechanical system prior to obtaining a valid permit from the Building
Inspector.
A.
The construction which shall require a building permit includes,
but is not limited to:
(1)
New one- and two-family and commercial buildings, including agricultural
buildings, detached structures (decks), and detached accessory buildings.
(2)
Additions increasing the physical dimensions of a building, including
decks.
(3)
Alterations to the building structure; cost shall include market
labor value or alterations to the building's heating, electrical,
or plumbing systems.
(4)
Replacement of major building equipment, including furnaces and central
air conditioners, water heaters, and any other major piece of equipment,
shall require a permit, except as noted below.
(5)
Any electrical wiring for new construction or remodeling, excluding
new wiring for existing industrial and manufacturing facilities that
do not require state-mandated building plan review.
(6)
Any HVAC for new construction or remodeling.
(7)
Any plumbing for new construction or remodeling.
(8)
Any new or rewired electrical service, including services for agricultural
buildings.
B.
All fees shall be paid to the building inspector. All fees paid for
permits shall be retained by the Town of Milton and shall not be refunded
if a permit application is disapproved.
C.
A building permit shall lapse and be void unless building operations
are commenced within one year from the date of issuance.
D.
If the Building Inspector shall find at any time that applicable
ordinances, laws, orders, plans, and specifications are not being
complied with, and the holder of the permit refuses to conform after
a written warning or instruction has been issued to the holder of
the permit, the Building Inspector 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 thereunder
until the permit is reissued, excepting such work as the Building
Inspector may order to be done as a condition precedent to the reissuance
of the permit, or as the Building Inspector may require for the preservation
of human life and safety.
E.
It shall be the duty of all police officers or other Town officers
to report at once to the Building Inspector any building which is
being carried on without a permit as required by this chapter.
F.
The Building Inspector shall keep a record of all permits, fees,
and inspections under this chapter and shall make an annual report
thereon to the Town Board.
A.
Whenever the Building Inspector finds any building or part thereof
within the Town of Milton to be, in his judgment, so old, dilapidated
or so out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation, occupancy or use, so that it would be
unreasonable to repair the same, he shall order the owner to raze
and remove at the owner's option. Such order and proceedings
shall be carried out in the manner prescribed for the razing of buildings
in § 66.0413, Wis. Stats.
B.
Where the public safety requires immediate action, the Building Inspector
shall enter upon the premises with such assistance as may be necessary
and cause the building or structure to be made safe or to be removed,
and the expenses of such work may be recovered by the Town in an action
against the owner or tenant.
A.
Bond required. Before any building is moved within or into the Town
of Milton, a permit must be obtained first from the Building Inspector.
Before a permit to move any building is granted by the Building Inspector,
the party applying shall give a bond in the sum of $2,000 and sufficient
sureties to be approved by the Town Board, conditioned among other
things, and that said party will save and indemnify judgments, costs
and expenses which may accrue in any way against the Town and will
save the Town harmless against all liabilities, judgments, costs and
expenses in consequence of granting such a permit.
B.
Contents of permit; regulations. Every permit to move a building
shall state all conditions to be complied with, designate the route
to be taken and limit of time for removal. 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 shall so order, until completed
with the least possible obstruction to the thoroughfare. Lighted lanterns
shall be kept in conspicuous places at each end of the building during
the night.
C.
Inspection of streets and highways and repair. Every person receiving
a permit to move a building shall, within one day after reaching its
destination, report that fact to the Building Inspector. The Building
Inspector shall thereupon inspect the streets and highways over which
said building has been moved and ascertain their conditions. If the
removal of said building has been the cause of damage to the streets
or highways, the house mover shall forthwith place them in as good
repair as they were before the permit was granted. Upon failure of
the house mover to do so, 10 days thereafter, to the satisfaction
of the Building Inspector, the Town Board shall repair the damage
done to such streets and highways and hold the sureties of the bond
given by the house mover responsible for the payment of same.
D.
Permit fees. Before the Building Inspector shall issue a permit to
move a building, he shall collect a fee which shall be set by resolution
of the Town Board. This fee shall be in addition to all other fees
provided for in this chapter.
Any buildings or structures shall be located as allowed within
the zoned district. Any variances to this requirement shall be reviewed
for approval by application to the Town's Board of Adjustment,
and, in the event the landowner is not satisfied with the Town's
order, he shall have 30 days therefrom to appeal the decision to the
Town Board.
State code applies.
A.
Any person, firm or corporation violating any provisions of this
chapter shall, upon conviction thereof, forfeit not less than $10
nor more than $100 and the costs of prosecution and, in default of
payment of such fine and costs, shall be imprisoned in the county
jail until payment of such forfeiture and costs of prosecution, but
not exceeding 30 days for each violation; each day of violation shall
constitute a separate offense. 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 Building Inspector
constitute a defense.
B.
Compliance with the requirements of this chapter is necessary to
promote the safety, health, and well-being of the community and the
owners, occupants, and frequenters of buildings. Therefore, violations
of this chapter shall constitute a public nuisance that may be enjoined
in a civil action.
This chapter shall not be construed as assuming any liability
on the part of the Town or any official or employee thereof for damages
to anyone injured or for any property destroyed by a defect in any
building or equipment or in any plumbing or electric wiring or equipment.
