[HISTORY: Adopted by the Village Board of the Village of Superior as indicated in article histories. Amendments noted where applicable.]
Article I General Regulations
Article II One- and Two-Family Dwellings
[Adopted 9-14-1972 by Ord. No. 11B]
The Wisconsin State Building Code as it now exists and shall from time to time be amended by the State Department of Commerce is hereby adopted as the Building Code of the Village of Superior, and any violations of any provisions of said code shall constitute a violation of this article.
No building or structure shall hereafter be constructed, altered, repaired or removed, nor shall the equipment of a building, structure or premises be constructed, installed, altered, repaired or removed, except in conformity with the code adopted by this article.
No building or structure shall be repaired or altered in any manner that would be in violation of the provisions of said code or of any authorized rule or approval of the Building Inspector made and issued thereunder.
Nothing in the code shall prohibit the raising or lowering of the building to meet a change of grade in the street on which it is located, provided that the building is not otherwise altered in violation of the provisions of the code.
It shall be unlawful to maintain, occupy or use a building or structure or part thereof that has been erected or altered in violation of the provisions of the code.
No building or any part thereof shall be erected, constructed, reconstructed, altered, remodeled, moved or razed prior to the owner or his agent obtaining a permit from the Building Inspector. A permit shall also be required prior to reconstructing or razing any building, structure or part thereof damaged by fire or otherwise. Razing of buildings shall be done in accordance with Chapter 153, Buildings, Unsafe, of the Code of the Village of Superior.
[Amended 12-9-1993 by Ord. No. 11(E)]
A permit is not required for minor repairs, alterations or structures where the cost is less than $500.
Any person desiring a building permit as required by this article shall file an application therefor in writing and submit it to the Building Inspector of the Village of Superior. Such application shall contain the names and addresses of the applicant and of the owner, and if the owner is a corporate body, of its responsible officers. Said application can be made by the owner or his agent.
Every such application shall describe briefly the proposed work and shall describe the land upon which the proposed building or work is to be done, by lot, block, tract and street number or similar general description that will readily identify and definitely locate the proposed building or work.
The application shall also show the use or occupancy of all parts of the building and such other reasonable information as may be required by the Building Inspector.
All applications for building permits shall be accompanied by specifications and plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the buildings and accessory buildings existing, and the lines within which the buildings or structures shall be erected or altered; the existing and intended use of each building or part of building; the number of families the building is designed to accommodate, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of the Building Code. One copy of such plans shall be returned to the owner when the Building Inspector shall have approved such plans.
All plans shall bear the name of the architect, engineer or persons responsible for their preparation, and in no case shall permits be issued when such person has failed to comply with the requirements of Ch. 443, Wis. Stats., as amended.
The Building Inspector shall issue a permit upon receipt of the required permit fee and after finding that the application, plans and specifications filed by the applicant are found to be in conformity with the requirements of the code, the existing zoning regulations, and all other laws and ordinances applicable thereto.
One such approved set of specifications and plans shall be retained by the Building Inspector, and one set shall be returned to the applicant, which shall be kept on the building or work at all times during the work and shall be open to inspection by authorized public officials. The approval of plans and specifications is not to be construed as the assumption of any responsibility for design.
The issuance of a permit upon specifications and plans shall not prevent the Building Inspector from thereafter requiring the correction of errors in the specifications and plans or from preventing building operations being carried on thereunder when in violation of the Building Code or any laws of the state.
[Amended 8-11-1977 by Ord. No. 11(B)A; 12-9-1993 by Ord. No. 11(E)]
Permit fees are set from time to time by the Village Board. The current fee schedule is on file at the office of the Village Clerk-Treasurer.
Separate permits shall be required for each section as indicated in the fee schedule and as provided for in other sections of the Building Code.
Separate permits shall be required for plumbing, heating, electric wiring and curb cutting, except as otherwise provided herein.
Where work for which a permit is required by the Village of Superior is started or proceeded with prior to obtaining said permit, the fees specified shall be doubled, but the payment of such double fees shall not relieve any persons from fully complying with the requirements of the Village codes and ordinances in the execution of the work nor from any penalties prescribed therein.
Inspections required under the provisions of the Building Code adopted by reference in § 148-1 shall be made by the Building Inspector or a duly authorized assistant. The Building Inspector shall be notified by the holder or his agent when the following inspections are needed:
Foundation inspection must be made after trenches are excavated and the necessary forms erected and when samples of all materials for the foundation are delivered on the job. Where concrete from a central mixing plant is to be used, such concrete need not be on the premises.
Frame inspection must be made after the roof, all framing, fire blocking and bracing is in place and all vents, pipes, wiring, heating and chimneys are complete. No reinforcing steel or structural framework of any building or structure or any part thereof shall be covered or concealed in any manner whatsoever without first obtaining the approval of the Building Inspector.
The permit holder shall file with the Building Inspector, on a blank form furnished for that purpose, an application in writing for a final inspection after the building or work for which the permit was issued is completed, and no certificate of occupancy will be granted until such application has been received and final inspection made. The Building Inspector shall either approve that portion of the construction as completed or shall notify the permit holder or his agent wherein the same fails to comply with the law.
It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, converted or enlarged or moved, wholly or partly, in its use or structure until a certificate of occupancy shall have been issued by the Building Inspector. (Except that the temporary occupancy of residence by the owners thereof pending completion of the building, but after installation and approval of necessary sanitary facilities, shall be lawful.) Such certificate shall show that such building or premises, or a part thereof, and the proposed use thereof are in conformity with the provisions of the Building Code and any other ordinance of the Village of Superior.
The use or occupancy of any building shall not be changed until a certificate of occupancy permitting the new use or occupancy is issued by the Building Inspector. No such certificate of occupancy shall be issued unless the building shall comply with the requirements of the Building Code and any other ordinances of the Village of Superior, governing the use and occupancy of buildings.
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move or remove, demolish, convert, equip, use or occupy or maintain any building or structure or any portion of any building or structure in the Village of Superior contrary to or in violation of any provision of this article or to cause, permit or suffer the same to be done.
Any person, firm or corporation who or which, by himself or itself or by his or its agents, employee or employees, shall violate any of the provisions of this article shall, upon judgment of conviction thereof, be punishable as provided in Chapter 1, § 1-4, General penalty, of the Code of the Village of Superior. For each and every day or portion thereof during which any violation of any of the provisions of this article is committed or permitted to continue, each and every day or portion thereof of such continuance shall be deemed to be a separate offense, and the penalty therefor shall be as herein provided.
In the event that a different penalty other than that provided herein shall be made and contained in any of the ordinances incorporated herein and comprising an addendum to this article, such penalty as is provided in such ordinance thus incorporated shall prevail and control.
[Adopted 11-11-2004 by Ord. No. 11-F]
These regulations are adopted under authority granted by § 101.65, Wis. Stats.
The purpose of this article 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.
The scope of this article includes the construction and inspection of one- and two-family dwellings built since June 1, 1980.
The Wisconsin Uniform Dwelling Code, Chs. Comm 20 to 25 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 article.
There is hereby created the position of Building Inspector, who shall administer and enforce this article 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. Additionally, this or other assistant inspectors shall possess the certification categories of UDC HVAC, UDC Electrical and Plumbing.
If a person alters a building in excess of $500 in value in any twelve-month period, adds onto a building in excess of $500 in value in any twelve-month period, or builds a new building within the scope of this article, he shall first obtain 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 if over the foregoing thresholds. Restoration or repair of an installation to its previous code-compliant condition, as determined by the Building Inspector, is exempted from permit requirements. Finishing of interior surfaces and installation of cabinetry shall be exempted from permit requirements.
The building permit fees shall be determined by resolution and shall include $25 to be forwarded to the Wisconsin Department of Commerce for a UDC permit seal that shall be assigned to any new dwelling.
The enforcement of this article 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. Violations of this article shall be punishable as provided in Chapter 1, § 1-4, General penalty, of the Code of the Village of Superior.