Village of Sauk City, WI Chapter 115 Building Construction

[HISTORY: Adopted by the Village Board of the Village of Sauk City 6-29-2021 by Ord. No. 2021-1.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 115, Building Construction, adopted as Chs. 15.01, 15.02 and 15.09 of the 1970 Code, as amended.

Article I General Provisions

§ 115-1 Purpose.

The purpose of this chapter is to protect and foster the health, safety, and well-being of the general public through the regulation of certain minimum standards within the Village for the design, construction, and use of materials in buildings and structures hereafter erected, constructed, enlarged, altered, repaired, moved, converted to other uses or demolished, and regulates the equipment, maintenance, use and occupancy of all such buildings and/or structures.

§ 115-2 Scope.

This chapter applies to all new buildings hereafter erected in or moved within or into the Village, except as otherwise specifically exempted from part or all of its provisions. This chapter applies to any alteration, addition, or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing or ventilation equipment that affects the health or safety of the users thereof or any other persons. Any existing building shall be considered a "new building" for the purposes of this code whenever it is used for dwelling, commercial or industrial purposes unless it was being used for such purpose at the time this code was enacted. The provisions of this code supplement the laws of the State of Wisconsin pertaining to construction and use and the Zoning Code of the Village and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and the said Zoning Code.[1] If any provisions of this chapter conflict with state law, the state law shall prevail unless state law allows for stricter local standards.

[1] Editor's Note: See Ch. 365, Zoning.

§ 115-3 Building Inspector.

A. Office of Building Inspector. The Village Board shall appoint a Building Inspector. The Building Inspector must be properly certified for inspection purposes by the Department in the required categories specified under SPS 305, Wis. Adm. Code.

B. Delegates. The Building Inspector may appoint, as necessary, delegated agents to assist the Building Inspector in their duties hereunder. Any delegate performing inspections must be certified for inspection purposes by the Department in the required categories specified under SPS 305, Wis. Adm. Code.

C. Duties. The Building Inspector is hereby authorized and is directed to administer and enforce all the provisions of this chapter and the respective building codes adopted herein.

D. Inspection powers and right of entry. The Building Inspector or their delegated agents may, at all reasonable hours, enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical, or heating work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or their agent while in the performance of their duties. In performing their duties, the Building Inspector or their delegates may proceed with a special inspection warrant under § 66.0119, Wis. Stats., if necessary.

E. Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the Inspector shall keep a record of all applications for building permits for such purpose and shall regularly number each permit in the order of its issuance. The Building Inspector shall record the number, description and size of all buildings erected, indicating the kind of materials used, and shall keep a record of the cost of each building and aggregate cost of all buildings of the various classes. The Building Inspector shall keep a record of all inspections made. A copy of issued permits shall be filed with the Village Administrator.

§ 115-4 Building permit; inspections.

A. Building permit required. No person shall undertake or cause to be undertaken any work subject to the provisions of this chapter until a building permit is issued by the Building Inspector. No building of any kind shall be moved within or into the Village and no building or structure, or any part thereof, shall hereafter be erected, enlarged, altered, moved, demolished, razed, or ground broken for construction until a building permit is issued by the Building Inspector. The owner, contractor, or installer bears the responsibility to determine whether a permit is required and to obtain the applicable permit prior to commencing any work.

B. Exceptions to permit requirements. The Building Inspector may authorize minor repairs or alterations which do not change the occupancy area, structural strength, fire protection, exits, light or ventilation of the building without requiring a building permit to be issued.

C. Application. Application for a building permit shall be made, in writing, upon a state uniform building permit form furnished by the Village.

(1) Contents. Such application shall provide for, among other items, 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 located, and the name and address of the person who shall be conducting the construction, remodeling, and/or alterations.

(2) Dedicated street and approved subdivision. No building permit shall be issued unless the property on which the building rests or will occupy abuts a street that has been dedicated for street purposes. Furthermore, no permit shall be issued until the subdivision and required improvements are accepted by the Village Board.

(3) Utilities. No building permit shall be issued for the construction of any residential building until sewer and water are installed and grading and graveling of the street necessary to service the property for which the permit is required is completed, and a receipt for payment of electrical hookup is presented to the Building Inspector. No building permit shall be issued for the construction of any building other than residential until contracts have been let for the installation of sewer, water, grading and graveling in the streets necessary to service the property for which the permit is requested. No person shall occupy any building until sewer, water, grading and graveling are installed in the streets necessary to service the property, and a certificate of occupancy shall not be issued until such utilities are available to service the property.

D. Plans. With each building permit application, there shall be submitted a complete set of plans and specifications, including a plot plan showing the location of the proposed building with respect to adjoining roads, highways, streets, alleys, lot lines and buildings, and also including any other information required by this chapter or any other Village Code section. Commercial buildings requiring Department review shall bear the stamp of approval of the Department. One plan set shall be submitted which shall remain on file in the office of the Building Inspector and a stamped set of plans shall be kept on-site of the building per § SPS 361.33, Wis. Adm. Code. Plans for all new one- and two-family dwellings shall comply with the provisions of § SPC 320.09, Wis. Adm. Code. If the Building Inspector finds that the character of the work is sufficiently described in the application, the Building Inspector may waive the filing of plans for alterations, repairs, or moving a building.

E. Approval of plans.

(1) If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the Village and all applicable laws and orders of the State of Wisconsin, the Building Inspector shall issue the building permit, which must 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 that involves any applicable building code regulations except with the written consent of the Building Inspector.

(2) In case adequate plans are presented for part of the building only, the Building Inspector, at their discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building.

(3) No work is to be started unless a proper grade has been reviewed by the Public Works and Utility Director, including the grade for sidewalks, curb and gutter, driveways, and general construction.

F. Fees. The building permit fee schedule shall be adopted by resolution by the Village Board and is incorporated by reference. A copy of the fee schedule is on file at the office of the Village Administrator.

G. Inspection of work. The builder or owner shall notify the Building Inspector when ready for inspections, and the Building Inspector shall inspect, within 48 hours of notice, all buildings at the following stages of construction:

(1) Footing and foundation;

(2) General framing, rough electrical, plumbing, and heating;

(3) Insulation;

(4) Final inspection.

H. Permit lapse. A building permit shall lapse and be void unless the work for which the permit is granted is commenced substantially within 12 months from the date of issuance or if construction has not been completed within one year from the date of issuance or two years for new construction, provided that if state law establishes different time periods, those state provisions shall control.

I. Suspension or revocation. The Building Inspector may suspend or revoke any building permit where it appears that the permit or approval was obtained through fraud or deceit, where the applicant has willfully refused to correct a violation, or where the Inspector is denied access to the premises. No construction shall take place after suspension or revocation of the permit.

J. Occupancy permit required: issuance and revocation. No building shall be occupied or otherwise used prior to the issuance of an occupancy permit. The building permit may be revoked at the discretion of the Building Inspector upon 30 days' notice to the owner or occupant of the building.

§ 115-5 Definitions.

The terms used within this chapter shall have the definitions as set forth in the Wisconsin Administrative Code chapters as adopted by reference. In addition, the following terms, as used in this chapter, are defined as follows:

DEPARTMENT

The Wisconsin Department of Safety and Professional Services.

MINOR REPAIR

Repair performed for maintenance or replacement purposes on any existing one- or two-family dwelling which does not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection, or exterior aesthetic appearance and which does not increase a given occupancy and use.

PERSON

May mean an individual, partnership, limited-liability company, or corporation.

STATE PLUMBING CODE

Chs. 381 to 387 of the Wis. Adm. Code.

UNIFORM DWELLING CODE or UDC

Chs. SPS 320 to SPS 325, Wis. Adm. Code, referred to as the "Wisconsin Uniform Dwelling Code."

Article II State Uniform Building Codes Adopted

§ 115-6 Adoption of Administrative Code provisions.

The following chapters of the Wisconsin Administrative Code, and any future amendments thereto, are hereby adopted by reference as if fully set forth herein:

A. Chapter SPS 316, Electrical Code.

B. Chapter SPS 320, Administration and Enforcement.

C. Chapter SPS 321, Construction Standards.

D. Chapter SPS 322, Energy Conservation.

E. Chapter SPS 323, Heating, Ventilating, and Air Conditioning.

F. Chapter SPS 324, Electrical Standards.

G. Chapter SPS 325, Plumbing.

H. Chapter SPS 327, Camping Units.

I. Chapters SPS 361 through 366, Commercial Building Code.

J. Chapters SPS 381 through 387, Uniform Plumbing Code.

§ 115-7 New methods and materials.

All materials, methods of construction and devices designed for use in buildings or structures covered by this code and not specifically mentioned in or permitted by this code shall not be so used until approved, in writing, by the Department for use in buildings or structures covered by the Wisconsin State Building Code, except sanitary appliances, which shall be approved in accordance with the State Plumbing Code issued by the Department. Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the Department. The data, tests and other evidence necessary to prove the merits of such material, method of construction, or device shall be determined by the Department.

§ 115-8 Unsafe buildings.

Whenever the Building Inspector finds any building or part thereof within the Village to be in his judgment so old, dilapidated or so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation, occupancy or use, and so that it would be unreasonable to repair the same, the Building Inspector shall order the owner to raze and remove such building or part thereof or, if it can be made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.

§ 115-9 Enforcement; violations and penalties.

The provisions of this chapter may be enforced by stop-work orders, suspension or revocation of building permits, withholding building permits, or injunctive action. In addition, the Building Inspector may issue citations under § 1-13 and may impose forfeitures under § 1-12 for violations of this chapter.

§ 115-10 Disclaimer of liability.

The purpose of the inspections is to improve the quality of housing and other buildings in the Village. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed as, a guarantee. In order to so advise owners and other interested persons, a disclaimer shall be included in each inspection report as follows: "The findings of inspection contained herein are intended to report conditions of noncompliance with code standards that are readily apparent at the time of inspection. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and nonstructural elements of the building and premises. No warranty of the operation, use or durability of equipment and materials not specifically cited herein is expressed or implied."

§ 115-11 Severability.

If any section, clause, provision or portion of this chapter or chapters of the Wisconsin Administrative Code incorporated herein is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of the chapter shall not be affected.