City of Hudson, WI Article II Commercial Building Code

§ 106-8 Wisconsin Administrative Code adopted.

[Amended 11-20-2017 by Ord. No. 18-17; 10-21-2019 by Ord. No. 15-19]

The following chapters or sections of the Wisconsin Administrative Code, and associated adopted International Codes, are hereby made by reference a part of this chapter as though fully set forth herein. A copy of the Wisconsin Administrative Code is on file in the office of the Building Inspector.

SPS 316	Electrical
SPS 360	Erosion Control, Sediment Control, and Storm Water Management
SPS 361	Administration and Enforcement
SPS 362	Building and Structures
SPS 363	Energy Conservation
SPS 364	Heating, Ventilating, and Air Conditioning
SPS 365	Fuel Gas Appliances
SPS 366	Existing Buildings
SPS 375 through 379	Buildings Constructed Prior to 1914

International Codes Adopted by the Wisconsin Administrative Codes
IBC	International Building Code
IEBC	International Existing Building Code
IECC	International Energy Conservation Code
IMC	International Mechanical Code
IFGC	International Fuel Gas Code
NFPA 54	National Fuel Gas Code
NFPA 70	National Electrical Code

§ 106-9 Inspectors.

A. Commercial Building/Plumbing/Electrical Inspector.

(1) The Common Council shall appoint a Building Inspector who shall enforce the provisions of this chapter relating to building construction, plumbing and electrical installation. The Commercial Inspector shall also enforce all other laws and orders of the adopted state codes which relate to commercial building construction, plumbing and electrical installation, and, to adequately and effectively enforce these provisions, he may at all reasonable times enter buildings and premises for the purpose of making inspections.

[Amended 10-21-2019 by Ord. No. 15-19]

(2) With the consent of the Common Council, the Building Inspector may appoint one or more Deputy Building Inspectors and delegate to them the powers and duties in Subsection A(1) above.

B. Fire Inspector.

(1) The Fire Chief shall serve as Fire Inspector, who shall enforce the provisions of this chapter relating to fire prevention. The Fire Inspector shall also enforce all other laws and orders of the state which relate to fire prevention, and to adequately and effectively enforce these provisions, the Fire Inspector may at all reasonable times enter buildings and premises for the purpose of making inspections.

(2) The Fire Chief, upon authorization of the Common Council, may appoint one or more Deputy Fire Inspectors and delegate to them the powers and duties in Subsection B(1) above.

C. Overlapping jurisdiction. In cases where provisions of this chapter can be enforced by the Building Inspector or Fire Chief, both persons, or their duly appointed deputies, may enforce the applicable provisions of this chapter.

§ 106-10 Commercial building permits.

A. Permit required. No building or any part thereof shall hereafter be erected, or ground broken for the same, within the City, except as hereinafter provided, until a permit therefor shall first have been obtained by the owner or his authorized agent from the Building Inspector. The term "building," as used in this section, shall include any building or structure and any enlargement, alteration, heating or ventilating installation, electrical installation, moving or demolishing or anything affecting the fire hazards or safety of any building or structure.

[Amended 10-21-2019 by Ord. No. 15-19]

B. Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector and shall state the name and address of the owner of the land and also the owner of the building, if different, the legal description of the land upon which the building is to be located, and the name and address of the designer. The application shall contain any other information that the Building Inspector may require.

C. Plans. One complete set of plans and specifications shall be submitted with this application, including a plot plan showing the location of the proposed building with respect to adjoining streets, alleys, lot lines and buildings. Plans for buildings, required to be submitted to the state, shall bear a stamp of approval from the Department of Safety and Professional Services. Such plans and specifications shall be submitted in duplicate. One set shall be kept on-site for review during inspections, and the other set shall remain on file in the office of the Building Inspector. All plans and specifications shall be signed by the designer.

D. 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, repairs or moving, provided that the cost of such work does not exceed $2,000.

E. Approval of plans. If the Building Inspector determines that the proposed building will comply in every respect with all the codes of the City and all applicable laws and orders of the state, he shall issue a building permit therefor which shall be kept and displayed at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned codes, laws and orders or which involves the safety of the building or occupants, except with the written consent of the Building Inspector. In case adequate plans are presented for part of the building only the Building Inspector may, at his discretion, issue a permit for part of the building before receiving the plans and specifications for the entire building.

F. Disapproval of plans and denial of permit. 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. 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. The applicant may appeal a denial of an application to the Board of Appeals.

G. Minor repairs. Minor repairs or alterations valued at less than $500 which do not change the occupancy, area, structural strength, fire protection, exits, lights or ventilation of the building may be made without requiring a building permit to be issued.

H. Fees. The following fees shall be paid for building permits: For new buildings, additions, and for alterations and repairs, and electrical installations, the fee shall be in accordance with the Building Permit Fee Schedule approved by the Common Council, as amended from time to time, and on file at the City Clerk's office and the office of the Building Inspector.

[Amended 10-21-2019 by Ord. No. 15-19]

§ 106-11 Issuance and revocation of permits; records.

A. Payment of fees. All fees shall be paid to the Community Development Department. Upon receipt of the fees prescribed by this chapter have been paid, the Building Inspector shall issue a building permit to the owner or his agent.

B. Permit lapses. A building permit shall lapse and be void unless operations under the permit are commenced within six months from the date of issuance thereof.

C. Revocation. If the Building Inspector shall find at any time that the above-mentioned codes, laws, orders, plans and specifications 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. 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 he may require for the preservation of human life and safety or protection of property.

D. Report of violations. It shall be the duty of all police officers to report at once to the Building Inspector any building, electrical or plumbing work, which is being carried on without a permit as required by this chapter.

E. Records. The Building Inspector shall keep a record of all permits, fees and inspections under this chapter and shall make a quarterly report thereon to the Council.

F. Permits for uses other than one-family or two-family residential. Approval of development plans by the Plan Commission and Common Council is a prerequisite to obtaining a building permit for housing projects consisting of more than two dwelling units on a single lot of record or any type of commercial, industrial or public/quasipublic buildings. See Chapter 255, Zoning, § 255-85A.

§ 106-12 through § 106-15. (Reserved)

§ 106-16 Fences.

A. Permit required. No fence shall be placed, erected or built on any premises in the City, except that on application therefor and for good cause shown, the Community Development Director may grant permits for the erection of fences when such fences will not, in the judgment of the Community Development Director, interfere with public health, safety and welfare.

B. Application. All applications for fence permits shall be accompanied by a nonrefundable fee as established by the Common Council and shall be submitted to the Community Development Director, who shall inspect the site of each proposed fence and shall consider whether the proposed fence will substantially interfere with the view, light or free flow of air. The Community Development Director may approve or deny applications or submit the application to the Public Safety Committee for its recommendation to the Common Council for consideration.

C. Wire fences. Wire fences are to be of chain link construction or a vinyl-coated minimum wire gauge of No. 16 with a maximum opening of two inches by three inches.

D. Wood fences. Redwood shall be preferred for durability. Woods other than redwood may be used, provided that they are suitably maintained or painted.

E. Height. Fence wire, panels or boards may not exceed a height greater than six feet. The bottom panels or boards shall not be more than two inches above the existing grade of the property, except that the Building Inspector or Zoning Administrator may use discretion to allow a greater area between the ground and the bottom of the fence to accommodate uneven grades of the property. No fence constructed in residential districts shall exceed four feet in height in the front, side or rear yards adjacent to streets, with alleyways not to be considered streets. Fencing around swimming pools shall be in accordance with the Municipal Code, § 106-17C(8). When unusual circumstances exist, exceptions to height requirements may be granted upon application to the Board of Appeals. In considering any requests for an exception, the Board of Appeals shall consider the need for the exception, the effect on abutting property owners and the neighborhood, and the public health, safety and welfare.

F. Location. The property owner shall be responsible for the proper placement and location of the fence. The City shall not be responsible for determining property lines.

G. Definition. The term "fence" shall not be construed to include racks or trellises for support of vines or flowers.

H. Barbed wire. No residential fence consisting wholly or in part of barbed wire shall be erected or maintained in the City.

I. Security fences. The Council, upon proper application, may approve security fences for commercial and industrial zones of such design and construction, as it shall deem proper.

J. The side of the fence considered to be the face or finished side (as opposed to the structural supports) shall face the abutting property. The finished side is the side of the fence minimizing the view of posts and supports.

§ 106-17 Swimming pools.

A. Permit required. A permit shall be required for any swimming pool with a capacity of 5,000 or more gallons.

B. Application. An application for a building permit shall show:

(1) Type and size of pool.

(2) Site plan.

(3) Location of pool.

(4) Location of house, garage, fencing and other features on the lot.

(5) Location of structures on all adjacent lots.

(6) Location of filter unit, pump and wiring (involving type).

(7) Location of back-flush and drainage outlets.

(8) Grading plan, finished elevations and final treatment (decking, landscaping, etc.) around pool.

(9) Location of existing overhead or underground wiring, utility easements, trees and similar features.

C. Single-family and two-family districts.

(1) Pools for which a permit is required shall not be located within 10 feet of any side or rear lot line nor within six feet of any principal structure or frost footing. Pools shall not be located within any required front yard.

(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 or on any easement of any private or public utility, walkway, drainage area or other easement.

(4) 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) Ensure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust or other infringement onto adjacent property.

(5) 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 written permission of the owner thereof.

(6) 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-resistive enclosure not closer than 10 feet to any lot line.

(7) Lighting for the pool shall be directed into or onto the pool and not onto adjacent property.

(8) Safety barrier.

[Amended 10-1-2018 by Ord. No. 25-18]

(a) Nonclimbable safety barrier of at least four feet in height shall completely enclose the pool and be constructed without voids, holes or openings larger than four inches in one dimension. Gates or doors shall be equipped with selfclosing and self-latching hardware and be kept locked when the pool is unattended.

(b) The necessary safety barrier can be omitted as long as the pool is protected by installation of a powered safety cover. The cover shall be ASTM 1346-91 certified and be kept in the closed position anytime the pool is unattended.

(c) The access point to above ground pools may be the only portion of the pool protected as long as the pool walls are at least 48 inches above adjacent grade. The access point shall be completely surrounded by a nonclimbable barrier meeting the requirements of Subsection C(8)(a) or restricted by a removable or lockable access ladder.

(9) Water in the pool shall be maintained in a suitable manner to avoid health hazards.

(10) 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.

(11) All electrical wiring, including bonding and grounding, shall comply with the current addition of the National Electrical Code.

(12) Any proposed deviation from these standards and requirements shall require a variance in accordance with normal zoning procedures.

D. Multiple-family areas. Pools in multiple-family areas (residential structure containing three or more dwelling units) shall conform to the standards set for single-family districts with the following added restrictions:

(1) No part of the water surface of the swimming pool shall be less than 50 feet from any lot line.

(2) No pump, filter, heating units or other apparatus used in connection with or to service a swimming pool shall be located less than 50 feet from any lot line.

(3) All deck areas, adjacent patios or other similar areas used in conjunction with swimming pools shall be located not closer than 30 feet to any adjacent single-family lot line. Adequate screening, including both fencing and landscape treatment, shall be placed between such areas and adjacent single-family lot lines. A nonclimbable barrier meeting the requirements of § 106-17C(8)(a) shall be the only acceptable form of protection for a pool in a multi-family area and shall completely surround the pool on all sides.

[Amended 10-1-2018 by Ord. No. 25-18]

E. All areas.

(1) Required safety barrier shall be completely installed within three weeks following installation of the pool and prior to the pool being filled.

[Amended 10-1-2018 by Ord. No. 25-18]

(2) There shall be no nuisances, such as undue noise, lighting onto adjacent property, health and safety hazards, damage to nearby vegetation, etc.

(3) Filling of pools via fire hydrants or other public means shall require approval of the Water Utility.

(4) Drainage of pools into public streets or other public drainage ways shall require permission of the Director of Public Works.

F. Permit fees. See § 106-7A.

§ 106-18 Board of Appeals.

A. Appeals. Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the City affected by any decision of the Community Development Director or Building Inspector. Such appeal shall be taken within a reasonable time as provided by the rules of the Board, as established in Hudson Municipal Code § 255-90, by filing a notice of appeal with the Community Development Director or Building Inspector and with the Board of Appeals, specifying the grounds thereof, and by paying a filing fee as established by the Common Council. The Community Development Director or Building Inspector shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board shall fix a reasonable time for the hearing of appeals and give public notice thereof, as well as due notice to the parties in interest, and shall decide the same within a reasonable time.

§ 106-19 Retaining walls.

[Amended 2-1-2021 by Ord. No. 6-21]

Application, permitting, construction, and other requirements of retaining walls shall follow the most recent version of the City of Hudson Retaining Wall Policy as adopted and amended by the Common Council of the City of Hudson. Copies of the Retaining Wall Policy are available upon request from the offices of the City Clerk, City Engineer, or Building Inspector.