Village of Pleasant Prairie, WI
Kenosha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie 6-4-2001 by Ord. No. 01-21 (Ch. 14 of the 1988 Code); amended in its entirety 8-4-2014 by Ord. No. 14-26. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 114.
Contractors — See Ch. 150.
Fair housing — See Ch. 173.
Fire and rescue protection — See Ch. 180.
Manufactured/mobile homes — See Ch. 221.
Sewers — See Ch. 285.
Stormwater management and drainage system facilities — See Ch. 298.
Water — See Ch. 355.
Construction site maintenance and erosion control — See Ch. 381.
Land division and development control — See Ch. 395.
Zoning Ordinance — See Ch. 420.
These regulations are adopted under the authority granted by §§ 62.17, 66.0103, 66.0413, 66.0435, 66.1019, 101.12, 101.65, 101.76 and 101.86, Wis. Stats., and annotations, as may be amended from time to time.
[Amended 8-17-2020 by Ord. No. 20-11]
The purpose of this chapter is to promote the general health, safety and welfare, to maintain the required local uniformity with the administrative and technical requirements of this chapter and to set forth regulations designed to safeguard life and property by regulating and providing plan review and inspection of all buildings and structures for compliance with the provisions of this chapter.
This chapter, as amended from time to time, shall be known, referred to and cited as the "Village of Pleasant Prairie Building and Mechanical Code" or as "Chapter 370 of the Code of the Village of Pleasant Prairie."
[Amended 8-17-2020 by Ord. No. 20-11]
This chapter pertains to the construction, addition, alteration, repair, maintenance, demolition, relocation, or change of use of all new or existing residential, commercial, agricultural, recreational or related accessory buildings and structures within the Village of Pleasant Prairie. In addition, this chapter pertains to any changes to mechanical systems, including plumbing, electrical and heating, air conditioning and ventilation; and the restoration or repair of an installation to its previous code-compliant condition as determined by the inspector.
For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory and "may" is permissive; however, the phrases "shall not" and "may not" are synonymous. Words of a particular gender include all genders. Words shall be construed according to any applicable definition set forth in either the Wisconsin State Statutes, Wisconsin Administrative Code or other Village ordinance or, in lieu thereof, shall be construed according to accepted building, land use, scientific, or architectural definition or, in lieu thereof, according to their customary dictionary definition.
A. 
Building Inspection Department. The Building Inspection Department was created by the Village Board of Trustees for the purpose of administering and enforcing all inspections for building-related functions required by the Wisconsin State Statutes and Village ordinances enacted by the Village Board under the direction of the Building Inspection Superintendent.
B. 
Building Inspection Superintendent.
(1) 
The Building Inspection Superintendent or his designees shall administer and enforce the provisions of this chapter and all other relevant state and local laws, rules and regulations.
(2) 
The Building Inspection Superintendent or his designees 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 or any other permits which may be required. No person shall interfere with or refuse to permit said access to any such premises.
(3) 
The Building Inspection Superintendent or his designees shall perform all administrative tasks required by Village or state laws, rules and regulations regarding public health, safety and welfare pertaining to this chapter, including but not limited to the following:
(a) 
To administer and enforce the provisions of this chapter and, in particular, the state regulations as referenced in § 370-7 of this chapter;
(b) 
To maintain records of all permits issued, inspections made, work approved and other official actions taken;
(c) 
To investigate all complaints made and violations found relating to the location, removal, construction or reconstruction of all structures or portions thereof;
(d) 
To assist the Village Attorney in the prosecution of violations of this chapter;
(e) 
To be permitted access to the properties and structures during reasonable hours to make those inspections as deemed necessary by him or his designees to ensure compliance with this chapter; if, however, he or his designees are refused entry after presentation of identification, he or his designees may procure a special inspection warrant in accordance with the Wisconsin Statutes; and
(f) 
To prohibit the construction of any structures or modifications to any structures until the proper permits have been first applied for and issued by the Village.
C. 
Inspectors.
(1) 
The Building Inspection Superintendent may fill such vacant positions of inspectors as funded by the Village Board and approved for filling by the Village Administrator.
(2) 
Under the direction of the Building Inspection Superintendent, the Village shall employ or contract with State of Wisconsin certified inspectors for the inspection and implementation of this chapter. Nothing in this chapter, however, shall preclude the Village from hiring or training persons to become fully certified for the building inspector positions. Inspectors shall have the authority to complete inspections for the following areas in which they are certified:
(a) 
Single-family and two-family residential inspectors shall be certified by the State of Wisconsin as:
[1] 
Certified Uniform Dwelling Code: construction inspector.
[2] 
Certified Uniform Dwelling Code: electrical inspector.
[3] 
Certified Uniform Dwelling Code: HVAC inspector.
[4] 
Certified Uniform Dwelling Code: plumbing inspector.
[5] 
Certified soil erosion inspector.
(b) 
Commercial inspectors shall be certified by the State of Wisconsin as:
[1] 
Commercial building inspector, which includes commercial HVAC.
[2] 
Commercial electrical inspector.
[3] 
Commercial plumbing inspector.
[4] 
Certified soil erosion inspector.
(c) 
The above-noted State of Wisconsin certified inspectors shall hereinafter be referred to as "inspector(s)."
The following codes are hereby adopted and incorporated into this chapter by reference:
A. 
The code titled "Flammable, Combustible and Hazardous Liquids," Ch. ATCP 93, Wis. Adm. Code, and all amendments thereto.
[Amended 8-17-2020 by Ord. No. 20-11]
B. 
The Wisconsin Electrical Code, Ch. SPS 316, Wis. Adm. Code, and all amendments thereto.
[Amended 8-17-2020 by Ord. No. 20-11]
C. 
The Wisconsin Uniform Dwelling Code, Chs. SPS 320 to 325, Wis. Adm. Code, and all amendments thereto.
[Amended 8-17-2020 by Ord. No. 20-11]
D. 
The code titled "Smoke Detectors and Carbon Monoxide Detectors," Ch. SPS 328, Wis. Adm. Code, and all amendments thereto.
E. 
The Wisconsin Heating, Ventilating and Air Conditioning Code, Ch. SPS 364, Wis. Adm. Code, and all amendments thereto.
[Amended 8-17-2020 by Ord. No. 20-11]
F. 
The code titled "Existing Buildings Code," Ch. SPS 366, Wis. Adm. Code, and all amendments thereto.
G. 
The code titled "Commercial Building Code," Chs. SPS 361 to 366, Wis. Adm. Code, and all amendments thereto.
H. 
The Wisconsin Plumbing Code, Chs. SPS 381 to 387, Wis. Adm. Code, and all amendments thereto.
[Amended 8-17-2020 by Ord. No. 20-11[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection H, which adopted the Historic Building Code, and redesignated former Subsections I through K as Subsections H through J, respectively.
I. 
The NFPA 54 titled "National Fuel Gas Code" and all amendments thereto.
J. 
The code titled "Private Onsite Wastewater Treatment Systems," Ch. SPS 383, is hereby adopted and regulated on behalf of the Village by Kenosha County.
[Amended 8-17-2020 by Ord. No. 20-11]
A. 
State license required per Ch. SPS 305.
B. 
Owner-occupant.
(1) 
The license requirement for an owner-occupant is not applicable and therefore allowing the owner-occupant to perform their own work. This does not exempt the owner-occupant from permit requirements. The following are exclusions to the allowance:
(a) 
New electrical service.
(b) 
Electrical service upgrade.
(c) 
Photovoltaic system.
(d) 
Automatic standby generator.
(e) 
Sanitary lateral.
(f) 
Water lateral.
(g) 
Storm lateral.
(h) 
Pool.
(i) 
Hot tub.
No person shall perform any work except in full compliance with the requirements of this chapter, and in full compliance with the terms and conditions of any required permit, and in full compliance with the requirements of any applicable approvals, decisions, orders, judgments or other requirements made, issued or imposed pursuant to or in the enforcement of this chapter, and in full compliance with the requirements of any other applicable Village, county, state or federal statute, ordinance, code, regulation, permit, approval, decision, order or judgment relating to land use, land division, environmental protection or development control.
A. 
Authority. On March 27, 2000, the Wisconsin Department of Safety and Professional Services granted the authority and certified the Village of Pleasant Prairie as a certified municipality to examine commercial building plans and perform inspections.
B. 
Inspector. An inspector as referenced in this section shall be authorized by the Village to enforce the adopted codes and shall be properly certified by the Wisconsin Department of Safety and Professional Services as a commercial building inspector.
C. 
Certified municipality plan examination jurisdiction. The inspector shall have the authority to review plans, specifications and calculations for all the types of commercial and public buildings and structures, except state-owned buildings and structures, proposed to be constructed within the Village, if the plans are for:
(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; or
(3) 
An alteration to an existing building or structure that is less than 100,000 cubic feet of total volume.
D. 
Certified municipality plan examination waiver. The Village may waive its jurisdiction for the plan review of a specific project, in which case the required plans shall be submitted to the Department of Safety and Professional Services for review and approval prior to issuance of local permits.
A. 
Preconditions to issuance of permit. No permit application shall be deemed complete and no permit shall be issued until all of the applicable preconditions set out below have first been satisfied. No permit issued in error shall be valid or effective until all such preconditions have been satisfied.
(1) 
A complete application, signed by the owner and licensed contractor, if applicable, together with all required information and documentation related to the proposed project to demonstrate compliance with this chapter, has been filed with the Village Building Inspection Department;
(2) 
All fees imposed by or pursuant to § 370-27 of this chapter have been paid to the Village;
(3) 
All unpaid overdue forfeitures resulting from violations of any Village ordinance or code owed by the applicant or the owner of the property for which the work is proposed have first been paid pursuant to § 66.0115, Wis. Stats., unless the imposition of such unpaid forfeiture(s) is being appealed;
(4) 
With respect to any work proposed for any lot or parcel created in violation of Chapter 395, Land Division and Development Control, of the Village Code, all such violations have first been cured, in accordance with § 395-14B of that chapter;
(5) 
All outstanding building or zoning violations on the property on which the work is proposed, regarding which the Village has issued a written notice of violation, have first been cured, unless the notice of violation is being appealed; and
(6) 
The use of the property on which the work is proposed is in conformance with the provisions of Chapter 420, Zoning Ordinance, of the Village Code.
B. 
Binding nature of application.
(1) 
It shall be the duty of the owner to duly authorize the filing of any permit application and any information submitted with or in connection with any such application. Every permit shall be conditioned upon the accuracy of all such information.
(2) 
Any permit approved or issued on the basis of materially inaccurate information may be suspended by the inspector or revoked or voided by the inspector.
C. 
Acceptance of permit before commencement of work. It shall be the duty of the contractor and/or owner to review and accept the terms and conditions of any permit at least 30 days after said permit has been approved by the Village and before commencement of said work pursuant to such permit. Commencement of said work pursuant to a permit automatically constitutes acceptance of the permit and waives any right to appeal or challenge the permit decision, the permit or any condition thereof. Any permit not accepted prior to commencement of said work may be suspended or revoked or voided by the inspector.
D. 
Duration of rights pursuant to permit.
(1) 
Every permit shall automatically expire 60 days from the date of issuance of the permit if the proposed work has not commenced.
(2) 
Every permit shall automatically expire one year form the date of issuance of the permit except as provided below:
(a) 
Permits for the construction of a new single-family or two-family dwelling shall automatically expire two years from the date of issuance of said permit.
(b) 
Permits for the construction of a new commercial building shall automatically expire one year from the date of issuance of said permit or at the end of proposed completion date, whichever is longer.
[Amended 8-17-2020 by Ord. No. 20-11]
(c) 
If said permit(s) is a part of a larger project, such as a new residential or commercial structure, then said permit(s) shall expire at the same time that said building permit expires.[1]
[1]
Editor's Note: Former Subsection D(2)(d), which immediately followed and stated that permits for temporary work expire 60 days after issuance, was repealed 8-17-2020 by Ord. No. 20-11.
(3) 
After such permit expires, or after the permit is revoked or voided, or while it is suspended, no work requiring such a permit shall be commenced, continued or resumed until after a new permit is issued or until after the original permit has been reinstated. A suspension of the permit tolls the remainder of such permit period.
(4) 
It shall not be necessary for the Building Inspection Department to serve any notice declaring said permit null and void.
(5) 
A valid permit may be extended in writing by the inspector for up to 60 additional days upon a showing of good cause by the applicant and the payment of any permit extension fee imposed by or pursuant to § 370-27 of this chapter, provided that the applicant's rights under the permit have not expired or been revoked or voided. New regulations that have become effective after the approval of the initial permit shall be applied to any application for an extension, and an extension shall not be granted unless the original application is amended to conform to such new or amended regulations.
E. 
Assignment. A permit shall not be assigned to a new contractor unless the new contractor receives written consent of the inspector, provided that the rights pursuant to the permit have not expired or been revoked or voided and that the assignee or successor accepts the permit and timely satisfies all conditions of the permit.
F. 
Permit application required.
(1) 
A complete written application shall be filed with the Village of Pleasant Prairie on a form supplied by the Village. Without limitation, such application form shall require the following minimum information:
(a) 
The name, address and telephone number of the owner of the property;
(b) 
The name, address, telephone number and e-mail of the applicant (the person who is authorized to act for the owner in connection with the application);
(c) 
The name, address, telephone number and e-mail of the contractor;
(d) 
Contractor's license (if applicable);
(e) 
The street address of the property (if available);
(f) 
The tax parcel number(s) of the property;
(g) 
The zoning classification of the property;
(h) 
The proposed use of the structure as it relates to the application; and
(i) 
The estimated value of the proposed work to be completed in the permit application.
(2) 
The completed permit application shall include or attach to it the following documents and information; provided, however, that the inspector is authorized to waive in writing, on the application or in a separate written document, the submission of any information which is readily available to the Village or which the inspector believes is not required to process the application:
(a) 
A fully completed written application form as provided by the Village. Said application shall be signed by the owner and the licensed contractor, if applicable.
(b) 
Two sets of complete detailed plans and specifications to ensure compliance with this chapter, except if a certified municipality plan examination pursuant to § 370-10 of this chapter is requested, then four sets of complete building plans and specifications, which at a minimum shall include the information as specified in § SPS 361.60(5), Wis. Stats. In addition, the applicant shall provide calculations showing the total volume of the building.
[Amended 8-17-2020 by Ord. No. 20-11]
(c) 
Two sets of state-approved plans for commercial buildings wherein an applicant is not requesting or meeting the requirements for a certified municipality plan examination pursuant to § 370-10 of this chapter.
(d) 
A copy of the Kenosha County sanitary permit, if an on-site sanitary sewer system is proposed.
(e) 
Commercial electrical permits for new construction and Level 2 or higher alterations will require two complete sets of electrical plans including an emergency egress lighting plan and an outlet location letter for any new service or service upgrade.
(f) 
For a plumbing permit to install a multipurpose piping system (single- and two-family residential sprinkler system), the following shall be provided:
[1] 
A certificate indicating that the contractor has completed a State of Wisconsin training program for the installation of said system; and
[2] 
A drawing indicating the layout and material proposed to be used.
(g) 
If applicable, the required application fee pursuant to § 370-27 of this chapter.
(h) 
Any other information required by this chapter or requested by the inspector to process the application.
G. 
Incomplete application. The inspector is authorized to hold for completion or deny, in his or her discretion, any incomplete permit application. With respect to any such application held for completion, the inspector shall promptly notify the contractor or owner in writing by first-class mail or by e-mail what information is needed to complete the application and what, if any, preconditions must be satisfied pursuant to Subsection A of this section. Any application not completed within 30 days after the filing of the application shall be denied.
H. 
Application approval/denial.
(1) 
Upon the Village's receipt of a complete permit application, the inspector shall approve or deny said application within 10 business days. The inspector shall have authority to impose any conditions reasonably based upon the requirements of this chapter. The inspector shall promptly notify the applicant of the approval, or in the event that the application is denied, the owner and the contractor shall be notified in writing by first-class mail or by e-mail. In the event of denial, the notice shall state the reasons for the denial.
(2) 
The inspector shall have the authority to impose any conditions reasonably based upon the requirements of this section. Additional conditions to be imposed on any permit shall be the following:
(a) 
That the owner has duly authorized the contractor to file the application and all related information and that all information contained in or submitted in connection with the application is true and accurate;
(b) 
That the contractor has a valid state certification;
(c) 
That the permit and all terms and conditions thereof must be reviewed and accepted by the contractor prior to commencement of the proposed work and that such commencement constitutes acceptance;
(d) 
That the applicant shall request the required inspections a minimum of 48 hours in advance and shall request a final occupancy inspection a minimum of 72 hours in advance;
(e) 
That the work shall be completed only in full compliance with the conditions of approval and the required adopted Department of Safety and Professional Services (SPS) codes or other federal, state, county or local ordinances or regulations and must be in accordance with the approved plans, specifications and other information submitted with the application; and
(f) 
That commencement of said work constitutes a waiver of any right to appeal the decision or permit of the inspector or any part thereof to the Village Zoning Board of Appeals or to otherwise challenge such decision or permit.
(3) 
If a permit is not issued within 30 days after the date on which notice of approval of said permit was made to the applicant, the application approval shall automatically be terminated. No permit shall be issued on the basis of a terminated permit application approval. The applicant may reapply at any time thereafter without prejudice.
(4) 
All non-code-complying and other conditions stated in the conditional approval notice shall be corrected or met before or during construction and before occupancy or issuance of a certificate of compliance of the building or a structure.
(5) 
If the inspector determines that the plans and specifications submitted do not substantially conform to the provisions of adopted Department of Safety and Professional Services (SPS) codes or other federal, state, county or local ordinances or regulations, the inspector shall deny plan approval in the following manner:
(a) 
The plans shall be stamped "Not Approved," signed and dated by the inspector.
(b) 
One set of the not-approved plans and specifications shall be retained by the Village, and the other sets shall be returned to the applicant with the notice of "not approved."
(c) 
A notice of the not-approved plans shall be provided in writing to the applicant and the owner stating the reasons for the denial.
I. 
Permit issuance. Following a conditional approval of the permit application, the inspector or his designee shall promptly notify the applicant of the conditional approval of the application and the procedure for issuance of the permit. A permit shall be issued only upon payment of any permit fees provided in § 370-27 of this chapter.
J. 
Revisions to approved plans.
(1) 
All revisions and modifications, which involve provisions of this chapter, made to the approved plans or specifications shall be submitted to the Village for review.
(2) 
Any revisions and modifications to the plans shall be approved in writing by the Village prior to the work involved in the revision or modification being commenced.
K. 
Liability. A conditional approval of a plan by the Village shall not be construed as an assumption of any responsibility on the part of the Village or the inspector for the design or construction of the building.
A. 
All inspections, for the purpose of administration and enforcement of the adopted Department of Safety and Professional Services (SPS) chapters, shall be performed by an inspector.
B. 
Inspections shall be conducted by an inspector to ascertain whether or not the work conforms to the conditionally approved plans, the notice of conditional approval and the adopted Department of Safety and Professional Services (SPS) chapters.
C. 
The inspectors periodically shall make thorough examinations of all the work pursuant to this chapter.
D. 
A written record of each inspection shall be prepared and kept by the Village. The record shall include, at a minimum, the date of the inspection, the type of inspection, the name of the inspector, the result of the inspection, and all items of noncompliance noted during the inspection and any other relevant information.
E. 
A copy of each inspection record shall be made available to the owner and applicant; the original inspection record shall be permanently maintained by the Village.
F. 
When any work is found to be in a dangerous or unsafe condition, the inspector shall notify the person, firm or corporation owning, using, operating or installing the same to place it in a safe condition. If noncompliance items are not corrected, written orders to correct shall be issued in accordance with Village ordinances. The failure or refusal of any person, firm or corporation to make the necessary repairs or changes shall constitute a violation punishable in accordance with Chapter 1, § 1-4, of the Village Code.
[Amended 8-17-2020 by Ord. No. 20-11]
G. 
Inspection types. The following inspections, if applicable to the permit issued, shall be required:
(1) 
Erosion control inspection prior to any land disturbance on commercial buildings performed by the Engineering Department.
(2) 
Staking inspection is required for all accessory structures or additions to principal structures prior to work commencing.
(3) 
Footing forms inspection is required prior to any concrete being poured.
(4) 
Foundation wall inspection is required prior to the backfilling of the foundation. For all new residential principal structures, a plat of survey that certifies the top of foundation shall be submitted for review and approval prior to the foundation being backfilled.
(5) 
Basement drain tile inspection is required prior to backfilling and prior to the basement floor being poured.
(6) 
Electric service inspection is required prior to the utility company making the connection.
[Amended 8-17-2020 by Ord. No. 20-11]
(7) 
Rough plumbing inspection is required prior to any plumbing work being concealed from view.
(8) 
Rough electrical inspection is required prior to any electrical work being concealed from view.
(9) 
Rough HVAC inspection is required prior to any HVAC work being concealed from view.
(10) 
Rough carpentry inspection is required after all other rough inspections are completed and prior to any insulation being installed.
(11) 
Insulation inspection is required prior to applying any finish materials.
(12) 
[1]Sewer, water and storm sewer lateral inspection is required prior to backfill.
[1]
Editor's Note: Former Subsection G(12), which required inspection prior to obtaining sewer, water and storm sewer permits for new one- and two-family homes, was repealed 8-17-2020 by Ord. No. 20-11. Ordinance No. 20-11 also renumbered former Subsection G(13) through (18) as Subsection G(12) through (17) respectively.
(13) 
Piping from the building drain to the on-site septic tank inspection required by Village inspector prior to backfill. The rest of the system shall be inspected by the Kenosha County Sanitarian, and written verification shall be submitted to the Village.
[Amended 8-17-2020 by Ord. No. 20-11]
(14) 
Low-voltage wiring inspection.
(15) 
Fire alarm system wiring inspection.
(16) 
Any other inspections may be required to ensure compliance with this chapter and the permit conditions.
(17) 
Final inspection is required after all work associated with the permit is completed and prior to occupancy of the building.
(18) 
Occupancy inspection required after all final inspections have been completed and prior to occupancy of the building.
[Added 8-17-2020 by Ord. No. 20-11]
(19) 
Signs (self-illuminated).
A. 
Upon completion and prior to occupancy of any new principal structure or addition thereto and prior to occupancy of a new use within an existing structure, a written certificate of occupancy or compliance shall be issued by the Village.
B. 
The inspector may authorize a temporary certificate of occupancy if all life and safety issues are satisfied. Said temporary authorization shall be valid for 90 days, or such other specified time frame, as determined by the inspector, and all outstanding issues shall be satisfied prior to the inspector issuing a written certificate of occupancy or certificate of compliance, except as provided in Subsection D below. The inspector shall make a written record of such tempoary approval and place it in the applicant's file. Failure to comply with this provision shall result in violations and penalties as set forth in § 370-26.
[Amended 8-17-2020 by Ord. No. 20-11]
C. 
Commercial projects shall require approval from other Village departments prior to issuance of a temporary certificate of occupancy or a written certificate of occupancy or compliance.
[Amended 8-17-2020 by Ord. No. 20-11]
D. 
All new one- and two-family projects shall require the satisfaction of all outstanding issues within one year from the issuance of a temporary certificate of occupancy. Failure to comply with this provision shall result in violations and penalties as set forth in § 370-26.
[Amended 8-17-2020 by Ord. No. 20-11]
A. 
In the event that the inspector, prior to the completion of permitted work pursuant to a valid permit, finds that the work is not in accordance with the terms and conditions of such permit or the requirements of this chapter, or that the information on the basis of which the permit was approved or issued was untrue or inaccurate in material respects, the inspector may suspend such permit, notify the owner and the contractor in writing by first-class mail or by e-mail of the reasons for the suspension and issue a written stop-work order until the problem or defect is cured. In the event that the owner or the contractor refuses or fails to cure the problem or defect within the prescribed time following such notice of suspension, and after conferring with the owner or the contractor regarding such refusal or failure, the inspector may revoke the permit and notify the applicant in writing by first-class mail or by e-mail of the reasons for the revocation and any related violations.
B. 
In the event that the inspector determines, after the completion of work done pursuant to any such permit, that the work was not in accordance with the terms and conditions of such permit or the requirements of this chapter, or that the information on the basis of which the permit was approved or issued was inaccurate in material respects, the inspector shall issue and cause to be served a notice of violation. If such violations are not cured to the reasonable satisfaction of the inspector within the prescribed time following service of such notice of violation, the inspector may, in addition to all other remedies, void the permit and promptly notify the owner and the contractor and user of the property in writing by first-class mail or by e-mail of the reasons for voiding the permit.
C. 
Any work pursuant to a permit which has been revoked or voided is illegal and a violation of this chapter. If the permit has been revoked, a new complete application and permit fee shall be submitted to the Village to complete the work as if the project was starting anew.
[Amended 8-17-2020 by Ord. No. 20-11]
A. 
The following shall not require a permit:
(1) 
Routine maintenance of mechanical and electrical systems and equipment, such as replace in kind components.
(2) 
Replacement of existing finish materials or fixtures, such as cabinetry, flooring, light fixtures, sinks, windows, etc. If any of the following require alteration, extension, addition of the electrical, mechanical, plumbing systems or structure, then a permit is required. This example is not all-inclusive; please contact the Building Inspection Department if clarification is needed for your specific project.
B. 
It is recognized that it is not practical to list all of the work not requiring a permit, and therefore it is intended that the above list be only illustrative. Any individual aggrieved by a failure to list a particular type of work not requiring a permit in this section shall have the right to file a written petition explaining the proposed work with the inspector for a determination as to if the work proposed to be performed requires a permit to be issued.
[Amended 8-17-2020 by Ord. No. 20-11]
No person shall, directly or indirectly, cause the construction, addition, alteration, repair, demolition, relocation, or change of use of new or existing residential, commercial, agricultural, recreational or related accessory buildings and structures within the Village without first obtaining a building permit for such work from the Village, except as specified in § 370-15 of this chapter. In addition, changes to mechanical systems, including plumbing, electrical and heating, air conditioning and ventilation, and the restoration or repair of an installation to its previous code-compliant condition as determined by the inspector shall require a permit to assure full compliance with this chapter.
[Amended 8-17-2020 by Ord. No. 20-11]
Any work proposed for any property, building or structure owned by the Village shall be required to follow this chapter, except that no permit fees shall be required for said permit.
[Amended 8-17-2020 by Ord. No. 20-11]
A. 
New single-family or two-family structures. Prior to return of the grading and erosion control deposit pursuant to Chapter 381, § 381-9E, of the Village Code and in addition to satisfying the requirements of § 381-9E, all conditions of the related building permit shall be complied with and a final certificate of occupancy or compliance shall be issued.
B. 
Commercial buildings, multifamily buildings or other grading activities. Prior to return of the street sweeping deposit pursuant to Chapter 381, § 381-10D, of the Village Code and in addition to satisfying the requirements of § 381-10D, all conditions of the related building permit shall be complied with, and a final certificate of occupancy or compliance shall be issued.
[Amended 8-17-2020 by Ord. No. 20-11]
In addition to the regulations and requirements adopted in § 370-7 of this chapter, the following shall be required to promote the purpose and scope of this chapter:
A. 
Field drain tile. In the event that field drain tile is encountered during the excavation of a new principal or accessory structure, the field drain tile shall be rerouted and reconstructed with rigid pipe identical in inside diameter to the existing field tile, so as to maintain the integrity of the drainage system.
B. 
Moving buildings.
(1) 
A written application shall be submitted to the Building Inspection Department a minimum of 30 days prior to the date the building is proposed to be moved. In addition, the following information shall be submitted:
(a) 
A description of the structure proposed to be moved.
(b) 
A plat of survey, pursuant to Subsection Q of this section,[1] indicating the location that the building or structure is proposed to be located.
[1]
Editor's Note: See now Subsection E.
(c) 
Moving a building off site shall require:
[1] 
A copy of the proposed and alternate routes. Prior to submitting said routes to the Village for final review and approval, the routes, if applicable, shall be approved in writing by the Village of Pleasant Prairie Police Department.
[2] 
A copy of a permit or other written approval by the state, if the route includes travel on a state highway.
[3] 
A copy of a permit or other written approval by the county, if the route includes travel on a county highway.
[4] 
A copy of a permit or other written approval related to any utilities that may be impacted by the move.
(2) 
If the move involves traveling on a Village road right-of-way, then a cash deposit of $5,000 shall be deposited with the Village Treasurer in an interest-bearing account prior to issuance of the moving permit to guarantee payment for any repair or damage resulting from moving said building. Upon completion of the moving, the Village shall inspect the route for any damages. The inspector shall notify the owner in writing of any damages to be repaired and the time frame for said repair. If the damages are not repaired as specified in the written notice, the cash deposit on file with the Village shall be used to repair said damages. If the cost to repair said damages exceeds the cash deposit, the Village shall invoice the property owner for the additional costs. Upon completion of the move and compliance with the permit, the cash deposit shall be refunded to the property owner, with interest, less a six-percent administrative fee and less any amount paid by the Village to repair said damages. Any damages to any state or county road or any non-Village utility shall be settled between the applicant and the state, county or non-Village utility.
(3) 
Any addition, alterations and/or repairs made to the building moved within or into the Village shall be made to conform to this chapter in its entirety. All other areas of the building shall be made safe for purposes of health, safety and welfare of the occupants.
C. 
Sanitary sewer lateral, storm sewer lateral and water lateral installation. All such mentioned laterals shall be pursuant to the requirements of the State Plumbing Code. In addition, prior to installation of such mentioned laterals, the following requirements shall be met:
(1) 
Residential.
(a) 
A new water lateral replacing a well service shall be coordinated with the Building Inspection Department and Public Works Department prior to installation of the water lateral. A Village water meter will be installed immediately after the cross-connection inspection has been approved.
(b) 
Upon approval of rough-in plumbing inspection and at the request of the plumbing contractor, the inspector shall notify the Public Works Department for installation of a water meter. The valve shall be sealed with a meter seal until the meter is installed by the Village Public Works Department. All water meters shall be sealed with a Village-issued meter seal. Removal of said seal by anyone other than the Village Public Works Department shall be an offense subject to penalties as provided in this chapter.
(2) 
Commercial.
(a) 
Sanitary sewer laterals shall be plugged at the downstream side of the inspection manhole(s) until the plumbing contractor sets all of the final fixtures. All sanitary lines shall be flushed clean prior to removal of said plug.
(b) 
Any water used during the construction process shall be metered with a Village-issued temporary water meter.
(c) 
Upon approval rough-in plumbing inspection and at the request of the plumbing contractor, the inspector shall notify the Public Works Department for installation of a water meter. The valve shall be sealed with a meter seal until the meter is installed by the Village Public Works Department. All water meters shall be sealed with a Village-issued meter seal. Removal of said seal by anyone other than the Village Public Works Department shall be an offense subject to penalties as provided in this chapter.
D. 
Building or structure maintenance, safety and razing.
(1) 
Building maintenance (dilapidated building).
(a) 
See § 234-5H.
(2) 
Building safety.
(a) 
If the inspector finds that any building, structure, or part thereof is unsafe, by reason of bad condition, defective construction, or other cause, he shall notify the owner thereof to cause the same to be made safe, as in the judgment of the inspector may be necessary, and he shall affix a notice of such order in a conspicuous place on the outside wall of the building. No person shall remove or deface such notice.
(b) 
Where public health or safety requires immediate action, the inspector shall enter upon the premises, with such assistance as may be necessary from the Village Fire & Rescue Department and the Police Department, and cause the building or structure to be made safe. The expense of such work may be recovered by the Village in an action against the owner.
(3) 
Razing.
(a) 
The Building Inspection Department is designated to carry out the provisions of § 66.0413, Wis. Stats.
(b) 
If a property owner proposes to raze a building or structure, the following shall apply:
[1] 
A written application shall be submitted to the Village pursuant to § 370-11 of this chapter. In addition, the following information shall be submitted.
[a] 
Written verification shall be provided to the inspector from the electric and gas companies that the electric and gas services have been properly disconnected.
[b] 
Asbestos mitigation per DNR guidelines. See DNR Form WA-651.
(c) 
If a permit to raze a building or structure is issued pursuant to § 370-11 of this chapter, the following additional conditions of the permit shall be required:
[1] 
If applicable, the municipal sanitary sewer and water system shall be properly capped off by a master plumber or utility contractor. The ditch shall be left open and secured by the contractor for the inspector to verify proper capping.
[2] 
If applicable, the private on-site sewage disposal system or holding tank shall be properly filled and abandoned. The contractor shall provide to the Building Inspection Department a copy of the pumping ticket from a licensed solid waste carrier to verify that the solid waste has been properly removed from the tank, prior to filling the tank with slurry or granular material and prior to the required inspection. In addition, the area shall be left open and secured by the contractor for the inspector to verify proper abandonment.
[3] 
If applicable, the private well shall be properly abandoned per the Wisconsin Department of Natural Resources (DNR) requirements. The contractor shall provide the Building Inspection Department with a copy of the Wisconsin DNR well abandonment report.
[4] 
The foundation shall be removed and/or properly filled. In addition, all junk and building debris shall be removed from the property, not landfilled into the property and inspected, prior to the foundation being filled.
[5] 
If applicable, all existing signage shall be removed from the site.
[6] 
If applicable, municipal sanitary sewer, water and garbage collection charges will continue to be billed for the property until all conditions of the permit have been satisfied and final inspection by the inspector has been passed.
[7] 
The building or structure will not be removed from the tax assessment rolls until all conditions of the permit have been satisfied and final inspection by the inspector has been passed.
E. 
Residential lot plat of survey and grading certification.
(1) 
See Chapter 405, Section 2.7.[2]
[2]
Editor's Note: See Chapter 405 Design Standards and Construction Specifications on file in the Village offices.
F. 
Sump pump discharge locations.
(1) 
All new residential subdivisions platted after January 1, 2009, shall require all new residential dwelling units to interconnect the sump directly into an approved storm sewer or other approved point of discharge as approved by the Village Engineer and/or the Village-approved subdivision development plans.
(2) 
All existing residential properties not located in a platted subdivision in Subsection F(1) above shall direct the sump pump to the roadway drainage ditch or to an existing storm sewer system. If a roadway drainage ditch or storm sewer does not exist or is not reasonably accessible as determined by the Village Engineer, the sump pump shall be directed as follows:
(a) 
To a location approved by the Village Engineer considering existing topography, drainage patterns, lot size, proximity to adjacent properties, homes, or structures, area for natural dispersion of sump discharges, and other site conditions that the Village Engineer deems pertinent.
(3) 
Sump pumps shall not discharge to nearby adjacent properties causing nuisance conditions, erosion, or adversely affecting adjacent properties. In such cases where sump drainage is allowed to drain towards another property in accordance with Subsection F(2)(a) above, the discharge shall be located as far upstream as possible to allow for water dispersion and infiltration.
G. 
Well abandonment. All persons abandoning a well within the Village shall complete the State of Wisconsin Department of Natural Resources (DNR) Form 3300-5B. The property owner/contractor shall submit one copy to the DNR and one copy to the Village, and one copy shall be retained by the person/contractor performing the abandonment procedures. If the abandonment is not performed by a licensed well contractor, an inspection shall be required prior to filling the well casing.
H. 
Workmanship. An inspector has the authority to require that construction, alteration, repair and removal of buildings or structures be performed in accordance with the standards of good workmanship.
Buildings and structures that were legally created and whose use and occupancy are legal may be continued without change, except for regulations related to backflow prevention, fuel-burning appliance venting, smoke detection, carbon monoxcide detection, connection of the perimeter drain tiles to the municipal sanitary sewer system, property maintenance and other requirements as deemed necessary by the inspector for the general safety and welfare of the occupants and the public.
In the event that emergency work is required, the person doing or causing such work to be done shall report the same to the Building Inspection Department the next business day after beginning work. Such work shall be done in accordance with the provisions of this code. The required permit and inspection process shall be followed and initiated at this time.
All temporary work shall comply with this chapter.
A. 
The inspector may issue a stop-work order for construction to be stopped for any of the following reasons:
(1) 
If written violations are not corrected within 30 days.
(2) 
Construction significantly deviates from approved and permitted plans, as determined by the inspector.
(3) 
When construction is dangerously unsafe, as determined by the inspector.
(4) 
The inspector is denied access to property.
B. 
The stop-work order shall be posted at the construction site, and the property owner and contractor shall be notified in writing of the reasons for issuance of the stop-work order and corrections required prior to the order being lifted.
C. 
The inspector is authorized to remove the stop-work order and allow construction to continue upon correction of said violation(s).
Any appeal to this chapter, except for as it relates to § 370-14 of this chapter, shall be pursuant to Chapter 18, Article V, Zoning Board of Appeals, of this Code.
This chapter shall not be construed to relieve from or lessen the responsibility or liability of any person engaged in any activity within the scope of this chapter for damages to person or property caused by any defect therein or therefrom, nor shall the Village be held as assuming any such responsibility or liability by reason of the issuance or revocation of any license, permit or certificate, or the inspection or reinspection authorized by this chapter, or by reason of the approval or disapproval of any work as authorized by this chapter, nor shall the Village be held liable for any damages resulting from the enforcement of this chapter.
Enforcement of this chapter shall be by means of the issuance of a stop-work order, withholding of building permits, imposition of forfeitures and injunctive action. Forfeitures shall be pursuant to Chapter 1, Article I, of the Village Code.
[Amended 4-20-2015 by Ord. No. 15-16; 8-17-2020 by Ord. No. 20-11]
A. 
Fee schedule for single-family residential, two-family residential, multifamily and commercial permits relating to construction, razing or moving buildings and other structures shall be established by the Village Board. Current fee schedules are filed with the Building Inspection Department.
B. 
Whenever any construction, use, occupancy or other work requiring a permit, certificate, or approval within the Village's ordinances is commenced, resumed or continued before such a permit, certificate or approval is issued, the fees for reviewing and processing the application for such permit shall be tripled to take into account the added difficulty and time required to process the application.
A. 
The Village of Pleasant Prairie Office of Assessments creates and maintains property records for all real estate parcels within the Village of Pleasant Prairie in which it has jurisdiction. Pursuant to § 70.32(1), Wis. Stats., all properties that are issued building permits are field reviewed, described, and valued by "actual view." This means that each building permit requires assessment personnel to:
(1) 
Initially process existing records or create new records;
(2) 
Physically review, on site, the purpose of each building permit to document all property description additions and/or alterations; and
(3) 
Process the information gathered in the field to determine an assessed value.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AGRICULTURAL BUILDING
A structure principally utilized for the storage of farm equipment and machinery, crop production, or the shelter and feeding of livestock.
COMMERCIAL BUILDING
A building or structure that houses a business use, enterprise, or activity at a greater scale than home industry involving the distribution of, or retail or wholesale marketing of, goods or services.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, and sanitation.
MULTIFAMILY RESIDENTIAL BUILDING
A single building or structure containing more than one dwelling unit under single ownership and in which the owner rents or leases the right to occupy any of the dwelling units to a tenant(s).
RESIDENTIAL
Used by occupants as a home, abode, domicile, or dwelling that has housekeeping and cooking facilities for the occupants only. A residential property may have multiple dwelling units.
RESIDENTIAL CONDOMINIUM
A multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities.
C. 
Fees to be charged for property record maintenance. Every person receiving an approved building permit from the Village in which said building permit requires an employee of the Assessor's office to physically view on site any descriptive property change in an effort to maintain the property record shall pay a property record maintenance fee commensurate with the type of building permit issued by the Village.[1]
[1]
Editor's Note: Former Subsection D, Schedule of fees for property record maintenance, which immediately followed, was repealed 8-17-2020 by Ord. No. 20-11.