Village of Osceola, WI Chapter 92 Building Construction and Fire Prevention

[HISTORY: Adopted by the Village Board of the Village of Osceola as indicated in article histories. Amendments noted where applicable.]

Article I General Provisions

[Adopted 8-10-1993 by Ord. No. 7-93 as Ch. 12 of the 1993 Code]

§ 92-1 One- and Two-Family Dwelling Code.

A. Adoption. Chapters Ind. 20 through 25, Wisconsin Administrative Code, inclusive, and all future revisions and amendments thereto are adopted by reference and incorporated herein as if fully set forth. A violation of the provisions thereof shall constitute a violation of this section.

B. Building Inspector. The certified Building Inspector shall administer and enforce all provisions of the Building Code as adopted and contract for inspection work to be performed.

C. Fees. No building permit shall be issued until the permit fee has been paid. The permit fee for each type of structure shall be established from time to time by resolution of the Village Board.

D. Conformance. Every builder, designer and owner shall use building materials, methods and equipment which are in conformance with this section.

E. Violations. The certified Building Inspector shall issue an order of compliance or a stop-work order to anyone in violation of this section. Any owner, builder or designer who has been aggrieved by a decision of the certified Building Inspector has the right to appeal the decision to the Board of Appeals.

F. Permits required.

(1) Building permits. No person shall construct, alter or repair a building or structure at an estimated cost of $2,000 or more, make structural modifications or modify electrical, HVAC or plumbing systems without obtaining a building permit from the certified Building Inspector. This building permit shall be valid for one year from the date of issuance, and all construction must be completed on the structure for which the permit is issued during the term of the building permit. If the construction subject to the provisions of this section is not completed within one year from the date of issuance, an application for extension from the certified Building Inspector must be submitted. One-year extensions may be granted only for good cause shown. If an extension is refused or if such construction is not completed during the term of the extension, the applicant must reapply for a new building permit pursuant to the provisions of this section. The Village may grant additional extensions beyond the one-year extension for the construction of schools, churches and hospitals.

[Amended 10-8-2002 by Ord. No. 02-11]

(2) Signs and billboards. No person shall construct or erect a sign or billboard without obtaining a permit from the certified Building Inspector.

G. Compliance with Basic Building Code. One official copy of the Building Code shall be maintained on file in the office of the Village Administrator for the use and guidance of the public.[1]

[1] Editor's Note: Original Secs. 12.02, Swimming pool safety devices, and 12.03, Building Code, which immediately followed this section, were deleted 1-12-1999 by Ord. No. 99-01. For current provisions see § 92-5, Commercial Building Code, and § 219-50, Swimming pool fences.

§ 92-2 Fire Prevention Code.

A. Wisconsin Administrative Code adopted. Chapter 65, Wisconsin Administrative Code, is adopted by reference and made a part of this article as if set out in full.

B. Violations. A violation of any provisions thereof shall be a violation of this article.

C. Fire limits. The fire limits of the Village are established as follows: the Village plus townships, or any portion thereof, are served by contract.

§ 92-3 Smoke detectors.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

RESIDENTIAL BUILDING

Any public building, containing three or more living units, which is used for sleeping or lodging purposes and includes any apartment house, rooming house, hotel, children's home, community-based residential facility or dormitory but does not include a hospital or nursing home.

SLEEPING AREA

The area of the unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping rooms separated by another use area such as a kitchen or living room are separate sleeping areas, but bedrooms or sleeping rooms separated by a bathroom are not separate sleeping areas.

SMOKE DETECTOR

A device which detects particles or products of combustion other than heat.

UNIT

A residential building or that part of a residential building which is 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.

B. Approval. A smoke detector required under this section shall be approved by Underwriters' Laboratories, Inc.

C. Installation and maintenance. A smoke detector required under this section shall be installed according to the directions and specifications of the manufacturer and maintained in good working order.

D. Requirement. The owner of a residential building shall install and maintain a smoke detector in each sleeping area of each unit, in the basement and at the head of the stairway on each floor level of the building.

E. Penalty. Any person allowing a violation of this section to continue 30 days after having been issued a notice by the Building Inspector or Fire Department shall be subject to a forfeiture as provided in § 92-7 of this article.

F. Inspection and orders. The Fire Department and/or Building Inspector may inspect all residential buildings and may issue orders as may be necessary to ensure compliance with this section.

§ 92-4 Satellite television dish.

No satellite television dish shall be erected or placed on any property within the Village until a permit shall have first been obtained from the Village Building Inspector.

A. Application. Application for a satellite television dish permit shall be made, in writing, to the Building Inspector. With such application there shall be submitted a fee as set by resolution of the Village Board from time to time[1] and a completed set of plans and specifications, including a plot plan showing the location of the proposed satellite television dish with respect to adjoining alleys, lot lines and buildings. If such application shall be approved by the Building Inspector, it shall then be submitted to the Village Board at its next regular meeting for final approval.

[Amended 1-12-1999 by Ord. No. 99-01]

[1] Editor's Note: See Ch. A222, Fees and Salaries.

B. Location of satellite television dish. Any satellite television dish approved for placement within the Village may be located only in the rear yard of a residential lot and at least 10 feet from any side or rear lot line. It shall also be placed as close to the residence as is reasonable possible. Placement in the B-1 General Commercial District and B-2 Highway Commercial District shall also be approved by the Building Inspector.

[Amended 1-12-1999 by Ord. No. 99-01]

C. Connection of electrical lines. All electrical lines, cables and conduits running to or from any satellite television dish shall be buried. If a satellite dish is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for the permit.

D. Wind pressure. Each satellite television dish shall be securely anchored to withstand a maximum wind pressure anticipated, taking into consideration the size, shape and weight of all its components.

E. Temporary placement. A temporary, portable satellite television dish may be placed in a yard on a trial basis for a period of not exceeding 10 days if the Village has been informed of the dish placement.[2]

[2] Editor's Note: Original Sec. 12.06, as added 11-9-1994 by Ord. No. 5-94, which immediately followed this section, was deleted 1-12-1999 by Ord. No. 99-01.

§ 92-5 Commercial Building Code.

[Added 9-25-1997 by Ord. No. 6-97]

A. Authority. These regulations are adopted under the authority granted by § 101.12, Wis. Stats..

B. Purpose. The purpose of this section is to promote the general health, safety and welfare by enforcing the adopted codes.

C. Adoption of codes. The following Wisconsin Administrative Codes, their referenced codes and standards and subsequent revisions are adopted for municipal enforcement by the Building Inspector:

[Amended 1-12-1999 by Ord. No. 99-01; 5-11-2004 by Ord. No. 04-08]

Chapter	Subject
COMM/ILHR 61 to 65	Wisconsin Uniform Building Code
COMM/ILHR 75 to 79	Existing Buildings Code
COMM/ILHR 70	Historic Building Code

D. Building Inspector. The Building Inspector authorized by the municipality to enforce the adopted codes shall be properly certified by the Division of Safety and Buildings.

E. Building permit required. No person shall build or cause to be built any new public building containing less than 5,000 square feet in total area or alter a public building involving less than 10,000 square feet in altered area without first submitting plans and specifications to the Building Inspector and obtaining a building permit for such building. (Note: All other larger public buildings are required to have their plans and specifications submitted to the Wisconsin Division of Safety and Buildings for approval prior to municipal permit issuance.)

F. Notwithstanding Section COMM/ILHR 50.12(1)(a)1 and (f)2, a building permit is also required for Chapter ILHR 54 occupancies and storage garages of less than 25,000 cubic feet.

G. A local building permit shall also be required for larger commercial buildings, which will be state reviewed but locally inspected.

H. Commercial and industrial building standards.

[Added 1-12-1999 by Ord. No. 99-01; amended 1-8-2008 by Ord. No. 08-05]

(1) Commercial and industrial architectural standards.

(a) Purpose and general application. The following standards are intended to enhance the appearance of buildings and promote a high quality of design in order to protect the public health, safety and welfare. The intent of these standards is to:

[1] Encourage greater design compatibility with surrounding areas and establish a precedent for high-quality design in areas with no established character;

[2] Achieve greater architectural variation and interest through standards for the design of roofs, exterior walls and the use of exterior finish materials;

[3] Encourage greater architectural cohesiveness and compatibility within a new development of multiple buildings; and

[4] Reduce the negative visual impact of features and site improvements such as mechanical equipment.

(b) Application. These standards shall apply to new construction of buildings and structures and improvements to existing structures when a proposed building expansion exceeds 25% of the existing floor area measured on a cumulative basis starting from the date of the adoption of this article. These standards shall not be construed to necessitate improvements to existing buildings or site conditions beyond those necessary to integrate the proposed improvement with existing conditions in a manner consistent with these standards. The following standards apply to commercial, industrial, institutional and other commercial buildings located in business-zoned or -designated areas. It is intended that these standards apply to all sides of the building.

(c) Architectural standards.

[1] Metal siding. Vertical metal siding or corrugated metal siding like that typically used in the construction of a pole building shall not be used as an exterior finish material.

(2) Metal or pole-type buildings shall be permitted if surfaces meet the following requirements:

(a) The building plans shall bear the seal of an architect or professional engineer registered in the State of Wisconsin and include:

[1] Framing plan showing all members, special erection instructions, and any required permanent bracing.

[2] Bearing support and connection details.

[3] Calculations on snow load and wind load to determine compliance with the Unified Wisconsin Building Code.

[4] Calculations showing the depth of pole embedment.

[5] Structural analysis of trussed rafters and prefabricated trusses.

(b) Construction standards.

[1] All metal exterior coverings must be factory painted.

[2] Trim shall be installed over all exposed portions of framing material used to construct eaves, overhangs, corners, doors, and window frames so as to completely finish the exterior of the building.

[3] All roofs shall be colored and incorporate a minimum eighteen-inch soffit on eave edges, twelve-inch overhang on gable ends, and 9.5-inch fascia.

[4] Modern metal paneling may be used for roof and exterior wall surfaces, provided that, on the wall sides visible from the public street, there shall be a wainscot at least 42 inches in height which is composed of brick, decorative masonry, stone, precast panel, architectural concrete, glass, stucco or wood framed with horizontal lap siding.

[5] All wood poles, grade boards, girts, and siding in contact with the earth shall be treated with preservative. All lumber and plywood required to be treated shall be identified by a quality mark or certificate of inspection of an approved inspection agency.

I. Building permit fee. Building permit fees shall be determined by resolution.

J. Penalties. Enforcement of this section shall be by means of withholding of building permits, imposition of forfeitures and injunctive action. Forfeitures shall be not less than $25 nor more than $1,000 for each day of noncompliance.

§ 92-6 Key lock box system.

[Added 4-10-2007 by Ord. No. 07-13[1]]

A. The following structures shall be equipped with a key lock box at or near the main entrance or such other location as determined by the Fire Chief or Ambulance Director:

(1) All commercial or industrial buildings identified by the Fire Chief or Ambulance Director as difficult to access during emergencies.

(2) All buildings having an automatic alarm system, or equipped with an automatic fire suppression system, except one- and two-family owner-occupied dwellings.

(3) Multifamily residential structures, including senior citizen apartment/condominium complexes, that have restricted access through locked doors and have a common corridor for access to the living units.

(4) All other buildings as recommended by the Fire Chief or Ambulance Director and approved by the Village Board.

B. All new construction of commercial, industrial, or multifamily structures with restricted access shall have the key lock box installed and operational prior to the issuance of a certificate of occupancy.

C. All structures in existence on the effective date of this section and subject to this section shall have one year from the effective date of this section to have an entry key lock box installed and operational in a location as approved by the Fire Chief and Ambulance Service Director.

D. The owner or operator of a structure required to have a key lock box shall, at all times, keep a key or keys in the lock box that will allow for access to the common areas and dwelling units on the interior of the structure. These keys are to be marked and identified in a manner approved by the Fire Chief and Ambulance Service Director.

[1] Editor's Note: This ordinance also renumbered former § 92-6 as § 92-7.

§ 92-7 Violations and penalties; appeals.

A. General. Except as otherwise provided, any person who shall violate any provision of this article or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the certified Building Inspector or of a permit or certificate issued under the provisions of this article shall be subject to a forfeiture as provided in § 1-19 of this Code.

[Amended 1-12-1999 by Ord. No. 99-01]

B. Board of Appeals. Decisions of the certified Building Inspector may be appealed to a Board of Appeals, which shall consist of the Board of Appeals of the Village. The Village Administrator shall serve as Secretary to the Board of Appeals. Actions of the Board to affirm, modify or reverse the decision of the certified Building Inspector shall be by a vote of at least four members.

Article II Commercial Electrical

[Adopted 3-8-2022 by Ord. No. 22-01]

§ 92-8 Legislative authority.

Pursuant to § 101.86(1), Wis. Stats., and Ch. SPS 316, Wis. Adm. Code, the Village of Osceola is exercising jurisdiction over commercial electrical wiring in its municipality.

§ 92-9 Purpose.

The purpose of this article is for the practical safeguarding of persons and property from hazards arising from electrical wiring and the use of electricity.

§ 92-10 Scope.

The scope of this article is for the requirements for permits and inspections per § SPS 316.012, Wis. Adm. Code. These areas include:

A. Farms.

B. Public buildings.

C. Places of employment.

D. Campgrounds.

E. Manufactured home communities.

F. A public marina, pier, dock, or wharf.

G. A recreation vehicle park.

§ 92-11 Adoption of code by reference.

The current version of the Wisconsin Electrical Code, Ch. SPS 316, Wis. Adm. Code, and all amendments thereto, is adopted in its entirety and incorporated by reference.

§ 92-12 Commercial electrical inspectors.

The municipality shall designate and appoint an electrical inspection agency to provide commercial electrical inspector(s) who shall administer and enforce this article and shall be certified by the state as a commercial electrical inspector, as specified by Wisconsin Statutes.

§ 92-13 Permit required.

No electrical wiring within the scope of this article may be started or continued unless the owner of the premises where the installation is to occur, or their agent, holds a permit from the designated electrical inspection agency. An electrical permit shall expire 12 months after the date of issuance.

§ 92-14 Fees.

The fees associated with commercial electrical fees shall be set forth by and approved by resolution by the municipality and per its fee schedule.[1]

[1] Editor's Note: See Ch. A222, Fees and Salaries.

§ 92-15 Inspections.

All electrical wiring within the scope of this article shall be subject to inspections.

§ 92-16 Exemptions.

No permit or inspection is required of any installation, repair, or maintenance of electrical wiring within an existing industrial facility or an existing manufacturing facility per the requirements of § 101.875(2), Wis. Stats.

§ 92-17 Enforcement; violations and penalties.

Enforcement of this article shall be by means of withholding of electrical permits, imposition of forfeitures and injunctive action. Forfeitures shall be not less than $25 nor more than $1,000 for each day of noncompliance. Failure to request a permit prior to the start of the work will have a penalty of double the original permit fee.