[HISTORY: Adopted by the Town Board of the Town of St. Joseph 5-13-2021 by Ord. No. 2021-04.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Driveways — See Ch. 92.
Roads, driveways, trails, erosion and sediment control and right-of-way construction — See Ch. 149.
Mobile homes and mobile home parks — See Ch. 130.
Signs — See Ch. 156.
Subdivision of land — See Ch. 168.
Zoning — See Ch. 170.
[1]
Editor's Note: This ordinance also repealed former Ch. 80, Building Construction, adopted 1-14-1993, as amended.
The Town of St. Joseph, County of St. Croix adopts these regulations under the authority granted by § 101.65, Wisconsin Statutes and § 101.12, Wisconsin Statutes.
Town Board of the Town of St. Joseph does hereby ordain a Building Code. The purpose of this code is to regulate construction of and additions or alterations to one- and two-family dwellings, farm, commercial, public and other private buildings and structures and places of employment in the Town of St. Joseph. It is also the purpose of this code to control flammable materials in buildings in the Town.
The intent of this code is to help ensure health and safety for residents and employees in the Town. It is also the intent of this code to protect existing and future property values.
The Wisconsin Uniform Dwelling Code, Chs. SPS 320-325, and its successors, 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 ordinance.
The following Wisconsin Administrative Codes, their referenced codes and standards, and subsequent revisions are adopted for municipal enforcement by the building inspector, who shall be commercially certified by the WI Division of Industry Services.
Chs. SPS 360-366
Wisconsin Commercial Building Code
Chs. SPS 375-379
Buildings Constructed Prior to 1914 Code
Chs. SPS 316
Electrical
Chs. SPS 381-387
Plumbing
Flammable Materials:
NFPA 58
Liquefied Petroleum Gases
NFPA 59A
Liquefied Natural Gases
NFPA 30
Flammable and Combustible Liquids
The Building Inspector authorized by the municipality to enforce the adopted codes shall be properly certified by the Division of Industry Services.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A detached building, not used as a dwelling unit but is incidental to that of the main building and which is located on the same lot. Accessory building does not mean farm building.
BUILDING
Includes but is not limited to a structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery, materials or any type of vehicles or semi-tractor-trailers.
BUILDING INSPECTOR
The Building Inspector of the Town of St. Joseph, unless indicated otherwise in this chapter.
DWELLING
Includes but is not limited to a building or sections of a building or other residential structure devoted to the shelter of one family or a detached building containing two separate dwelling (or living) units designated for occupancy by not more than two families.
DWELLING UNIT
Dwelling unit means a structure, or that part of a structure, which is used or intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.
HE
Used for simplicity and is not meant to specify gender.
PUBLIC BUILDING
Any type of building that is to be open to or frequented by members of the general public.
STRUCTURE
Includes but is not limited to erection or construction such as a building, towers, masts, poles, decks, booms, signs, permanent decoration, carports, lifts or trams, stationary machinery and equipment and sight barriers.
SWIMMING POOL
Includes but is not limited to all swimming pools (both above ground and in-ground), spas and hot tubs that require ground to be broken and/or excavation for their installation and/or those that exceed 5,000 gallons. UDC Uniform Dwelling Code.
No person shall alter, build, add onto or alter any building within the scope of this chapter without first obtaining a building permit for such work from the Building Inspector. Any structural changes or major changes to mechanical systems that involve extensions shall require permits.
No person shall build or cause to be built any new public building or place of employment or any alteration or addition to an existing public building or place of employment without first obtaining a commercial building permit from the building inspector. This permit shall be issued after receipt of State of Wisconsin approved plans, where required, and sanitary permits, if applicable, and a determination has been made of compliance with, zoning, setbacks, ordinances, and regulations of the Town of St. Joseph, the County of St. Croix, and the State of Wisconsin.
Additions, remodeling, reconstruction, enlargement, or alterations to buildings, when the cost of the work, including labor, shall be less than $2,000 (in a twelve-month period) and does not change occupancy, area, structural strength, fire protection, exits, natural light or ventilation.
A. 
The restoration or repair of building equipment, such as furnaces, central air conditioners, water heaters, and similar mechanical equipment without the alteration or addition to building or structure.
B. 
Fences or other similar enclosures.
C. 
Re-roofing projects that do not involve the repair or replacement of any structural elements.
D. 
Outbuildings (not including structures larger than 150 square feet, meaning any structure larger than 150 square feet will require a building permit) without a foundation or slab.
E. 
Restoration or repair of an installation to its previous code-compliant condition as determined by the building inspector on a case-by-case basis.
F. 
Residing, finishing of interior surfaces and installation of cabinetry.
G. 
Replacement of same size windows and doors.
The building permit fees shall be determined by resolution.
A. 
Application for a building permit shall be made, in writing, upon a form furnished by the Town. The appropriate building requirements of the Town and, where applicable, of the county or the state for the contemplated improvement shall be provided to the permit applicant by the Town at or before the submission of an application for a building permit.
B. 
Plans and drawings. The building permit applicant shall submit with the application all necessary documents as required by the Building Inspector or WI state statutes.
C. 
Site plans shall include setback requirements as noted in Chapters 149 and 168, St. Joseph Town Code of Ordinances.
D. 
County permits. The applicant must obtain any permits required by St. Croix County and include copies of such permits with the building permit application, including a county driveway permit, if necessary.
E. 
Driveway permits. The building permit applicant shall submit with the application a driveway permit which shall be applied for and obtained from the Town Board for Town roads or private roads. All other driveway permits are issued by the county. See Ch. 92, Driveways.
F. 
Approval of plans and issuance of building permit. If the Building Inspector determines that the proposed building, addition or alteration will comply in every respect with all the ordinances of the Town and all applicable laws and regulations of the State of Wisconsin and is not in violation of the Town Subdivision and Zoning Ordinance the building inspector shall conditionally approve the plans and issue a building permit. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above- mentioned ordinances, laws or regulations or which involves the safety of the building or occupants. One copy of the approved plan shall be returned to the applicant. One copy shall be retained by the Town. See Ch. 168, Subdivision of Land and Chapter 170, Zoning Ordinance.
G. 
State Uniform Dwelling Code seal. At such time as a building permit is issued for one- or two-family dwellings, it shall have affixed to it a State of Wisconsin Uniform Dwelling Code seal.
H. 
Fees. Fees shall be submitted to the Town at the time the application is filed. Fees for plan examination, inspection, driveway permit, culvert, house number, variance application and issuance of the building permit shall be set by the Town Board.
I. 
Waiver of plans. If the Building Inspector finds that the character of the work is sufficiently described in the application, he may waive the filing of plans for alterations or repairs, provided that the cost of such work does not exceed $2,000.
A. 
If the Building Inspector determines that the building permit application or plans do not conform to the provisions of the applicable codes or ordinances or other requirements, approval shall be denied.
B. 
Denial of application. A copy of the denied application, accompanied by a written statement specifying the reasons for denial, shall be sent to the applicant and/or to the owner as specified on the application.
C. 
Stamping of plans. Plans and specifications which do not substantially conform to the provisions of the Building Code shall be stamped "Not Approved." One copy shall be returned to the applicant and one copy retained by the Town.
D. 
Appeals. The applicant may appeal a denial of an application to the Town Board.
A. 
Time for permit issuance. Action to approve or deny a building permit application shall be completed within 10 business days of receipt of all of the forms, fees, plans and documents required for processing the application as dictated by Wisconsin State Code.
B. 
Posting of permit. The building permit and other permits required by the Town, county, state or other municipalities shall be posted in a conspicuous place at the building site and within view of the adjacent roadway.
A. 
If the Building Inspector finds at any time that the provisions of this chapter are not being complied with and that the holder of the permit refuses to conform after a written warning or instruction has been issued to him, he shall revoke the building permit by written notice posted at the site of the work.
B. 
When any permit is revoked, no further work shall be done until the permit is reissued, except such work as the Building Inspector may order as a condition precedent to the reissuance of the permit or as he may require for the preservation of human life and safety.
A building permit shall lapse and be void unless construction under the permit is commenced within six months from the date of issuance thereof. Permits issued for single- and two-family dwelling, commercial structures, and/or any alterations and/or additions to these structures for which the estimated construction cost of the alteration or addition exceeds $100,000, as verified by the R.S. Means Construction Cost Estimation System, shall lapse and be void if the permit purpose has not been fully completed within 24 months from the date of issuance of the permit. Permits issued for any other purpose shall lapse and be void if the permit purpose has not been completed within 12 months of issuance. Once a permit has lapsed, no further work shall be performed under such lapsed permit until such time as a new permit has been issued. Work pursuant to SPS 316 which shall expire within one year of the date of issuance if work has not been commenced.
A. 
For all inspections required by the Uniform Dwelling Code and the Commercial Building Code, the builder (contractor, owner or permit holder as the case may be) shall provide notice to the Building Inspector and shall coordinate the timing of the construction as provided in SPS 320.10(2)(b)3, SPS 320.10(3)(h)2, and SPS 361.41(1).
B. 
It is recommended that a representative of the developer, contractor, builder or owner be present at each required inspection. It shall be the responsibility of the developer, contractor, builder or owner to coordinate inspection times and dates with the Building Inspector. Any reinspections necessary due to incomplete work or noncomplying conditions shall be subject to an additional fee per inspection to be paid in full prior to the issuance of the occupancy permit.
A. 
Application. Any person feeling aggrieved by an order or a determination of the Building Inspector may appeal from such order or determination to the Town Board. Those procedures customarily used to effectuate an appeal to the Town Board shall apply.
B. 
Required information and fees. The following items shall be submitted by property owners or their representatives when requesting a variance:
(1) 
Clear and concise written statement of the specific provisions of the code for which a variance is requested, together with a statement of the procedures and materials to be used if the variance is granted.
(2) 
A fee for processing the application. Such fees will be set from time to time by the Town Board.
C. 
Procedure. The Building Inspector shall review the application and forward his written recommendation and reasons to the Town Board. The Town Board will then hear the variance application and recommend to the Department of Safety and Professional Services whether the variance should be granted.
D. 
Findings. No appeal to the provisions of this chapter shall be granted by the Town Board unless it finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
(1) 
Preservation of intent. No variance shall be granted that is not consistent with the purpose and intent of this chapter.
(2) 
Exceptional circumstances. Applicant must state the reasons why compliance with the code cannot be attained without the variance. There must be exceptional, extraordinary or unusual circumstances or conditions present showing that compliance with the code cannot be attained without the variance, so that the granting of the variance will not be so general or recurrent in nature as to suggest that the chapter should be changed.
(3) 
Hardship. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of any variance.
(4) 
Absence of detriment. No variance shall be granted that will create substantial detriment to adjacent property or that will materially impair or be contrary to the purpose and spirit of this chapter or the public safety and interest.
E. 
Decision. The Town Board shall transmit its meeting minutes and decisions, in writing, to the Town Clerk within seven days of the hearing. With regard to variances relating to the UDC or the Commercial Code, the Town Clerk shall forward the Town Board's recommendation to the Department of Safety and Professional Services. Variances relating to § 80-22 regarding swimming pools may be decided by the Town Board.
No single-family dwelling or two-family dwelling or commercial structure may be occupied by any person or party until an occupancy permit has been issued. An occupancy permit will be issued only after all inspections have been satisfactorily completed, all required fees associated with this ordinance paid, and all required terms of the chapter have been met.
Upon reasonable notice to the property owner, the Building Inspector and the Zoning Administrator may, at all reasonable hours, enter upon any public or private premises for inspection purposes, and may require the production of the permit for any building, plumbing, electrical, or heating work. No person shall interfere with, or refuse access to any such premises, the building inspector while in the performance of his duties.
Whenever the Building Inspector finds any building or part thereof with the Town of St. Joseph to be, in his judgment, so old, dilapidated, or out of repair as to be dangerous, unsafe, unsanitary, unreasonable to repair or otherwise unfit for human habitation, occupancy, or use, shall order the owner to raze and remove such building or part thereof. If a building or part thereof can be made safe by repairs, the owner shall make it safe and sanitary. The owner shall perform the remedial action in a timely fashion at his own expense. Such order and proceedings shall be as provided in Wis. Stats. § 66.0413.
If construction is started prior to issuance of a permit, the fee will be double for the first violation and triple for subsequent violations. 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/or injunctive action. Any person, firm or corporation violating any provision of this chapter shall, upon conviction, forfeit not less than $25 nor more than $1,000 and the costs of prosecution. Each day the violation continues after written notice is delivered to the occupant, owner (as designated on any permit application as submitted to the Town) or construction person apparently in charge on the site shall constitute a separate violation.
A. 
A permit shall be required.
B. 
An application for a building permit shall show:
(1) 
The type and size of the pool.
(2) 
A site plan, to include:
(a) 
Location of the pool.
(b) 
Location of the house, garage, fencing, well, drain field and septic tank on the lot.
(c) 
Location of filter unit, pump and wiring (involving location).
(d) 
Location of back-flush and drainage outlets.
(e) 
Grading plan, finished elevations and final treatment (decking, landscaping, etc.) around pool.
(f) 
Location of existing overhead or underground wiring, utility easements, trees and similar features.
C. 
In single-family and two-family districts:
(1) 
Pools for which a permit is required shall not be located within 25 feet of any side or rear lot line nor within 10 feet of any principal structure or frost footing. Pools shall not be located within any required front yard or within 15 feet of a septic tank or 25 feet of the well. Pools shall not be located within 15 feet of any deck surface more than two feet higher than the pool.
(2) 
Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.
(3) 
Pools shall not be located in an alternate septic field/drain field site.
(4) 
Pools shall not be located in or on any easement of any private or public utility, walkway, drainage area or other easement.
(5) 
For in-ground pools, due precautions shall be taken during the construction period to:
(a) 
Avoid damage, hazards or inconvenience to adjacent or nearby property.
(b) 
Assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust or other infringement onto adjacent property.
(6) 
To the extent feasible, back-flush water or water from pool drainage shall be discharged on the owner's property or into approved public drainageways. Water shall not drain onto adjacent or nearby private land without the written permission of the adjacent owner.
(7) 
The filter unit, pump, heating unit and any other noisemaking mechanical equipment shall be located at least 30 feet from any adjacent or nearby residential structure or shall be enclosed in a sound-restrictive enclosure not closer than 25 feet to any lot line.
(8) 
Lighting for the pool shall be directed into or onto the pool and not onto adjacent property.
(9) 
A nonclimbable safety barrier of at least five feet in height that shall completely enclose the pool and be so constructed as not to have voids, holes or openings larger than four inches in one dimension or the pool has a cover or other protective device over such swimming pool of such a design and material that the same can be securely fastened in place and when in place shall meet Federal Safety Commission guidelines or the ASTM standards and their successors. Such cover or protective device shall be securely fastened in place at all times when the swimming pool is not in actual use for swimming or bathing purposes. Gates or doors shall be kept locked while the pool is not in actual use.
[Amended 5-11-2023 by Ord. No. 2023-02[1]]
[1]
Editor's Note: This ordinance corrected a mistake in Ord. No. 2021-04 that reverted this subsection to the 2010 requirements, omitting revisions made on 6-12-2014.
(10) 
Water in the pool shall be maintained in a suitable manner to avoid health hazards.
(11) 
All wiring, lighting, installation of heating unit, grading, installation of pipes and all other installations and construction shall be subject to inspection by the Building Inspector.
(12) 
Required safety fencing shall be installed immediately upon completing the pool.
(13) 
There shall be no nuisances, such as undue noise, lighting onto adjacent property, health and safety hazards, damage to nearby vegetation, etc.
(14) 
Drainage of pools into public streets or other public drainageways shall require permission of the Town Chairperson.
The Building Inspector shall maintain a record of all permits issued which shall be kept on file for a time period dictated by Wisconsin State Code. The Building Inspector shall make a monthly report to the Town Board of all permits issued and fees collected.
If any section, provision, sentence or any part of this chapter is adjudged to be unconstitutional, unlawful, or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
This chapter shall replace current St. Joseph Town Code Chapter 80 regarding Building Construction and shall be effective upon passage and publication as provided by law.