Village of Random Lake OrdinanceCHAPTER 14 - BUILDING CODE
14.01 TITLE
This chapter shall be known as the "Building Code of the Village of Random Lake, Wisconsin" and shall be referred to in this chapter as "this code."
14.02 PURPOSE
This code provides certain minimum standards, provisions and requirements for safe and stable design, methods of construction and uses of materials in buildings or 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. Its purpose is to protect and foster the health, safety, and well being of persons occupying or using such buildings, and the general public.
14.03 SCOPE
New buildings hereafter erected in, or any building hereafter moved within or into, the Village shall conform to all the requirements of this code except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, heating, plumbing or ventilating equipment which affects the health or safety of the users thereof or any other persons is a "new building" to the extent of such change. 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 Zoning Code.
14.04 STATE CODES ADOPTED
(1) WISCONSIN ADMINISTRATIVE BUILDING AND HEATING, VENTILATING AND AIR CONDITIONING CODE. The Wisconsin Administrative Building and Heating, Ventilating and Air Conditioning Code COMM Chs. 50 through 65, the Flammable Liquids Code COMM Ch. 8, and all amendments thereto are hereby made a part of this chapter by reference with respect to those classes of buildings to which such provisions apply.
(2) WISCONSIN UNIFORM DWELLING CODE. The Wisconsin Uniform Dwelling Code, Wis. Adm. Code COMM Chs. 20 through 25 and all amendments thereto are hereby made a part of this chapter by reference and shall apply to all new and existing one- and 2-family dwellings and all alterations and additions thereto. A copy of said code is on file in the office of the Clerk-Treasurer.
14.05 BUILDING INSPECTOR
(1) APPOINTMENT. See sec. 1.02 of this Code.
(2) QUALIFICATIONS:
(3) GENERAL POWERS AND DUTIES. The Building Inspector shall enforce the provisions of this chapter and of all other ordinances and the laws and orders of the State of Wisconsin which relate to building construction, plumbing and electrical installations and for these purposes may at all reasonable times enter buildings and premises. He may pass upon any questions arising under the provisions of this chapter relating to buildings, subject to conditions contained in this chapter. No person shall interfere with the Inspector while in the performance of the duties prescribed in this chapter.
(4) RECORDS. The Building Inspector shall keep a record of all applications for building permits in a book and regularly number each permit in the order of issuance. He shall keep a record showing the number, description and size of all buildings erected during his term of office, indicating the kind of materials used, the cost of each building and the aggregate cost of all buildings of the various classes. He shall keep a record of all inspections made and of all removal and condemnation of buildings. He shall make a report to the Village Board upon request.
(5) APPEALS. Any person feeling himself aggrieved by any order or ruling of the Building Inspector may, within 20 days thereafter, appeal from such order or ruling to the Board of zoning Appeals, such appeal to be in writing.
14.06 BUILDING PERMITS AND INSPECTION
(1) PERMIT REQUIRED. No building of any kind shall be moved within or into the Village and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished or used within the Village, except as herein provided, until a permit therefore shall first have been obtained by the owner, or his authorized agent, from the Building Inspector.
(2) APPLICATION. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector, which may be obtained at the office of the Clerk-Treasurer, 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, the name and address of the designer, the use to which said building is to be put, and such other information as the Building Inspector may require.
(3) UTILITIES REQUIRED. No occupancy permit shall be issued for the construction of any residential building until sewer is installed and grading and graveling of the street necessary to
service the property for which the permit is required is completed. See ch. 17 of this Code.
(4) PLANS. With each application there shall be submitted 2 complete sets of plans and specifications, including 2 plot plans showing the location of the proposed buildings with respect
to lot lines. Plans for public, commercial and industrial buildings involving the State Building Code shall bear the stamp of approval of the State Department of Commerce, if necessary. One plan shall be submitted which shall remain on file in the office of the-Building Inspector. All plans and specifications shall be signed by the designer. Plans for all new one- and 2-family dwellings shall comply with the provisions of Wis. Adm. Code COMM 20.09(4).
(5) PLOT PLAN REQUIRED (Am. Ord. #7-96). Two plot plans prepared by a registered land surveyor shall be submitted to the Building Inspector showing the- location, boundaries, dimensions, elevations, uses and size of the following:
In addition, the plot plan shall show the location, elevation and use of any abutting lands and their structures within 60 feet of the subject site. The Building Inspector may waive any portion or all of the requirements of this subsection. In addition, the Building Inspector may require the property owner to retain a registered land surveyor to recertify the plot plan, prior to pouring of footings, whenever he deems it necessary due to the close proximity of the proposed structure to the lot lines.
(6) APPROVAL OF PLANS. (Am. Ord. #2-04) 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, he shall issue a building permit after the Architectural Review Board has accepted the plans which shall state the use to which said building is to be put, 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 ordinances, laws or orders, or which involves the safety of the building or the occupants, except with the submittal and approval of revised plans. In case adequate plans are presented for part of the building only, the Building Inspector, at his discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building. The finished grade adjacent to all new construction shall be at least one foot above the finished or proposed grade of the centerline of the adjacent street or the average from the 2 existing buildings on each side. See also Sec. 17.201 of this code.
(7) 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.
(8) GRANT OR DENIAL OF PERMIT. After the receipt of an application, plans and fees required by this section, the Building Inspector shall grant or deny the application within 10 business days.
(9) REPAIRS AND ALTERATIONS. A building permit shall be required for repairs or alterations which change the occupancy area, structural strength, fire protection or exits of the building.
(10) INSPECTION OF WORK. The permittee or an authorized representative shall, in writing or orally, request inspections by the Building Inspector at appropriate times required for the enforcement of this code. The Building Inspector shall perform the requested inspection within 48 hours after notification, except the final inspection. Construction may not proceed beyond the point of inspection until the inspection has been completed, except if inspection has not taken place within 48 hours of notification, excluding Saturdays, Sundays and holidays, unless otherwise agreed upon between the permittee and the Building Inspector.
(11) PERMIT LAPSES. A building permit shall lapse on December 31 unless the time is extended by the Building Inspector.
(12) REVOCATION. If the Building, Plumbing or Electrical Inspector shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with, and that the holder of the permit refused to conform after written warning or instruction has been issued to him, he shall revoke the building, electrical or plumbing 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, except such work as the Building, Electrical or
Plumbing 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.
(13) REPORT OF VIOLATIONS. The police or other Village employees shall report at once to the Building Inspector any construction which is being carried on without a permit as required by this chapter.
14.07 EROSION CONTROL
See sec. 17.18 of this Code.
14.08 PERMIT FEES (Am. Ord. #5-95; Am. Ord. #7-00)
PERMIT REQUIRED FEES
(1) ONE- AND 2-FAMILY RESIDENTIAL:
(2) COMMERCIAL AND INDUSTRIAL
(3) ELECTRICAL PERMITS:
(4) HVAC PERMITS:
(5) PLUMBING PERMITS:
NOTE: Upon failure to obtain a permit before work on a building has been started, except in emergency cases, the total fee shall be doubled.
14.09 SMOKE DETECTORS REQUIRED
(1) DEFINITIONS. (a) Smoke Detectors.A device which detects particles or products of combustion other than heat.
2. The owner is responsible to notify the tenant of the tenant's responsibility to replace batteries. Upon original occupancy or reoccupancy, the owner must notify the tenant in writing that the smoke detector in individual units are operable and make the tenant aware of the manufacturer's recommendation for testing. The tenant must acknowledge this written notification by written signature.
3. When 2-family units have a single stairway for entry to the upper unit, but have a second means of escape such as a doorway to a porch or jump platform, an interconnected system will not be required. The second means of escape shall be far enough removed from the main entry to be practical.
4. The tenant is responsible for testing of smoke detector according to manufacturer's recommendations. Periodic battery replacement is the responsibility of the tenant. If the tenant finds through testing that a defect exists, he shall notify the owner immediately and the owner shall correct the defect. The owner shall have 72 hours from receipt of written notice from the tenant to repair or replace the smoke detector.
(b) Special Installations.1. In addition to the provisions of sub. (2) above, in buildings defined in sub. (2) where a common hallway is used, smoke detectors shall be spaced not more than 30 feet apart in such hallways in addition to basement and stairway installation pursuant to par. (a) above. Hallway, stairway and basement detectors shall be installed as part of an interconnected system.
2. In occupancies set forth in sub. (2) above where the basement is served by 2 or more required standard exits, the area between the exits shall be considered as a common hallway and shall meet requirements of spacing as described in subpar. 1. above.
3. If the owner of any building described in sub. (2) above has improperly installed smoke detectors, he shall be allowed a 5-day period from date of receipt of written orders in which to comply.
(4) APPROVAL. A smoke detector required under this section shall be approved by Underwriters Laboratory or other comparable testing firm.
(5) EQUIPMENT, INSTALLATION AND MAINTENANCE. Ionization type or photoelectric type detectors may be used. AC or DC power may be used. If AC powered, detectors must be directly attached to a junction box not controlled by any switch other than the main power supply. The installation of AC powered detectors shall conform to all electrical standards adopted by the Village. A smoke detector required under this section shall be installed according
to the directions and specifications of the manufacturer, but if in conflict with the Village's Electrical Code, the Electrical Code shall take precedence.
(6) DEPARTMENT INSPECTION AND ORDERS. The Fire Inspector may inspect all residential buildings and may issue orders as may be necessary to ensure compliance with this section. The Fire Inspector may be contacted for recommendations when an owner is concerned about installation and number of detectors. Inspection of hallway, stairway and basement detectors shall be routine in buildings inspected by the Fire Inspector. Inspection of new construction shall be carried out by the Building Inspector on his final inspection.
(7) TAMPERING PROHIBITED. (a) No person shall tamper with a smoke detector or its electrical supply or remove or disconnect the battery in a detector.
(b) If the Fire Department responds to a smoke detector alarm and no cause for the system or detector to be activated is found, the possibility exists that batteries shall be removed or other measures taken to silence the detector or system. Such action shall in no way place liability on the Fire Department. The owner or manager of the building shall be notified immediately by the officer in command concerning the condition and he shall have the system or detector operable within 72 hours thereafter.
(8) PENALTY. Any violation of or noncompliance with any of the provisions of this section shall subject the violator to a forfeiture of not less than $50 nor more than $250, together with the costs of prosecution and, in default of payment thereof, to imprisonment in the County Jail until such forfeiture and costs are paid, but not to exceed 15 days. Each day of violation or noncompliance shall constitute a separate offense.
14.10 RESIDENTIAL GARAGES
(Am. Ord. #2-04) Residential attached garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code. Residential garages shall be located in accordance with ch. 17 of this Code and not less than 10 feet from any other building on the same premises when not a part of the building. Whenever a garage is constructed as part of any building, the ceiling and the walls or wall separating the garage from other portions of the building shall be of not less than one-hour fire-resistive construction as specified in Wis. Adm. Code COMM 21.08. See also chapter 17 of this code for Lot, Yard, and Building Requirements.
14.11 FENCES AND WALLS
(Am. Ord. #2-04) See Sec. 17.041 of this code.
14.12 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 State Department of Commerce. 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 State Department of Commerce. The date, tests and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Commerce.
14.13 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, unsanitary or otherwise unfit for human habitation, occupancy or use, and so that it would be unreasonable to repair the same, he shall order the owner to raze and remove it at the owner's expense. Such order and proceedings shall be carried out in the manner prescribed for the razing of buildings in §66.0314, Wis. Stats. Where the public safety requires immediate action, the Building Inspector shall enter upon the premises with such assistance as may be necessary, and cause the building or structure to be made safe or to be removed, and the expenses of such work may be recovered by the Village in an action against the owner or tenant.
14.14 MOVING BUILDINGS
See ch. 8 of this Code.
14.15 NON-ASSUMPTION OF LIABILITY
This chapter shall not be considered as assuming any liability on the part of the Village or any official or employee thereof for damages to anyone injured or for any property destroyed by any defect in any building or equipment, or in any plumbing or electric wiring or equipment.
14.20 PENALTIES AND VIOLATIONS
Any building or structure hereafter erected, enlarged, altered, repaired or moved, or any use hereafter established, in violation of the provisions of this chapter, shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the Village Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use, or to cause such building, structure or use to be removed and may also be subject to a penalty as provided in sec. 25.04 of this Code. Each day a violation continues may be deemed a separate offense. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
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