Chapter 1 Building, Plumbing, Heating, Ventilating
and Air Conditioning and Electrical
Codes
Chapter 2 Construction
Site Erosion Control
Chapter 3 Fair
Housing
Chapter 4 Grievance Procedures Regarding Access to
Public Buildings by Handicapped Persons
Chapter 5 Property
Maintenance Code
Chapter 6 Regulation
of Signs, Billboards and Other Advertising Medium
Chapter 7 Minimum
Housing Code
Chapter 8 Code
Compliance Upon Change of Ownership
Chapter 9 Public
Safety Radio Coverage
Article
A Building
and Heating. Ventilating and Air Conditioning Code
15.1.1 Scope
of Building Code
15.1.2 Title
15.1.3 Application of
15.1.4 Application
of
15.1.5 Application
of
15.1.6 Building
Inspector
15.1.7 Building
Permits
15.1.8 Approved
Plans
15.1.9 Regulations
for Moving Buildings
15.1.10 Razing
of Buildings
15.1.11 Inspections
15.1.12 Stop-Work
Order
15.1.13 Certificate
of Occupancy
15.1.14 New
Materials and Methods
15.1.15 Tests
15.1.16 Prefabricated
Dwellings or
15.1.17 Identification
of Products
15.1.18 Transfer
of Solid Fill
15.1.19 Violations
15.1.20 Failure
to Obtain Permit
15.1.21 Fees
15.1.22 Severability
15.1.23 through 15.1.29 Reserved for Future Use
Article B Plumbing Code
15.1.30 Purpose
and Scope of Plumbing Code
15.1.31 State
Regulations Adopted
15.1.32 Discharge
of Clear Waters
15.1.33 Plumbing
Defined
15.1.34 Plumbing
Inspector
15.1.35 Entry
of Premises
15.1.36 Sewer
Improvement Tax
15.1.37 Authority
to Stop Work
15.1.38 Insurance
15.1.39 Report
of Existing Unsanitary Conditions
15.1.40 Sanitary
Facilities
15.1.41 Plumbing
Permit
15.1.42 Plumbing
Permit -- When Void
15.1.43 Street
Deposits
15.1.44 Assessment
Costs
15.1.45 No
Storm Sewer Available
15.1.46 Existing
Structures Connected
15.1.47 Plan
Approval
15.1.48 Drainage
Ditch Structures
15.1.49 Drainage
Ditch Interference
15.1.50 Heater
Vents
15.1.51 Unlawful
Damage or Injury to Plumbing and/or Drainage
15.1.52 Garbage
Disposers
15.1.53 Duty
to Report Violations
15.1.54 Penalty
15.1.55 Appeal
from Decision of Plumbing Inspector
15.1.56 Plumbing
Permit Fees
15.1.57 Grease
Interceptor
15.1.58 through 15.1.69 Reserved for Future
Use
Article C Electrical
Code
15.1.70 Application
of the Provisions of this Electrical Code
15.1.71 Standards
for the Installation of Electrical Equipment
15.1.72 Office
of the Electrical Inspector
15.1.73 General
Management of Control
15.1.74 Electrical
Inspector's Record
15.1.75 Electrical
Licenses
15.1.76 Electrical
Permits; Inspections
15.1.77 Radio,
Television and Other Electronic Beaming Devices
15.1.78 License
Revocation
15.1.79 No
Assumption of Liability
15.1.80 Fees
for Permits and Inspections
15.1.81 through 15.1.89 Reserved for Future
Use
Article D Enforcement
and Penalties
15.1.90 Enforcement
and Penalties
ARTICLE A
The
provisions of this Building Code shall govern the design, construction,
alteration, demolition and moving of all buildings and structures.
These
regulations shall be known and cited as the "Municipal Building
Code" or "this
Code" and shall be construed to secure their expressed intent and to ensure public safety, health and welfare
insofar as they are dependent upon building construction.
The
The
Wisconsin Uniform Dwelling Code, Chapters ILHR 20 through 25, inclusive, and all amendments thereto, are hereby made a
part of this Code by reference and shall
apply to all one (1)and two (2) family dwellings and alterations and additions
thereto, the initial construction of which was commenced after the effective
dates of the various Chapters of the Wisconsin Uniform Dwelling Code. A copy of said Code is on file in the office
of the City Clerk.
All
buildings and structures hereafter erected, altered, repaired, moved or
demolished that are used or designed to be used for the purpose herein defined
shall comply in full with the requirements of this Code:
(a)
Zoning Laws.
No provision of this Code shall be construed to repeal, modify or constitute an
alternative to any lawful zoning regulations.
(b) New Building. The
construction requirements of the Wisconsin Uniform Building Code shall apply to
all buildings not covered under Sections 15-1-3 and 15-1-4.
(c) Existing Buildings.
This Code shall also apply to buildings and conditions described in this
Section:
(1) One
(1) and Two (2) Family Dwelling. An existing building to be occupied as a one
(1) or two (2) family dwelling, which building was not previously so occupied.
(2)
Repairs and
Alterations. An existing structure that is altered or repaired, when the
cost of such alterations or repair during the life of the structure exceeds
fifty percent (50%) of the equalized value of the structure, said value to be
determined by the Assessor of the City.
(3)
Additions. Additions and alterations, regardless of cost, made to
an existing building shall comply with
the requirements of this Code. The provisions of Subsection (d) of this Section
shall also apply.
(4)
Roof
Coverings. Whenever more than
twenty-five percent (25%) of the roof covering of a building is replaced in any
twelve (12) month period, all roof covering shall be in conformity with
applicable Sections of this Code.
(d) Alterations and Repairs
The following provisions shall apply to buildings altered or repaired.
(1) Alterations.
When not in conflict with any regulations, alterations to any existing building
or structure, accommodating a legal occupancy and use but of nonconforming type
of construction, which involves either the structural members of floors or
roofs, beams, girders, columns, bearing or other walls, room, heating and air
conditioning systems, arrangement, light and ventilation, changes in location
of exit stairways or exits, or any or all of the above, then such existing[
construction shall be made to conform to the minimum requirements of this Code
applicable to such occupancy and use and given type of construction.
(2)
Repairs. Repairs for purposes of maintenance or replacements in any
existing building or structure which do not involve the structural portions of
the building or structure, or which do 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 do not increase a given
occupancy and use shall be deemed minor repairs.
(3)
Alterations
When Not Permitted. When an
existing building or structure which, for any reason whatsoever, does not
conform to the regulations of this Code has deteriorated from any cause
whatsoever to an extent greater than fifty percent (50%) of the equalized value
of the building or structure, no alterations or moving of such building or
structure shall be permitted. Any such building or structure shall be
considered a menace to public safety and welfare and shall be ordered vacated
and thereafter demolished and debris removed from the premises.
(4)
Alterations
and Repairs Required. When any of
the structural members of any building or structure have deteriorated from any
cause whatsoever to less than their required strength, the owner of such a
building or structure shall cause such structural members to be restored to
their required strength, failing in which the building or structure shall be
considered a menace to public safety and shall be vacated and thereafter no
further occupancy or use of the same shall be permitted until the regulations
of this Code are complied with.
(5)
Extent of
Deterioration. The amount and
extent of deterioration of any existing building or structure shall be
determined by the Building Inspector.
(6)
Use of
Unsanitary Building. It shall be
unlawful to occupy or use or permit the occupancy or use of any building or
structure that is unsanitary or dilapidated, or deteriorated, or out of repair,
thereby being unfit for human habitation, occupancy or use until the
regulations of this Code have been complied with.
There
is hereby created the Department of Building Inspection. The Building Inspector
appointed by the City shall act as head of this department:
(a)
Duties. The Building
Inspector is vested with the authority and responsibility to enforce all laws
controlling safe building construction. He shall make periodic inspection of
existing public buildings to determine their safety. He shall make inspections
at the site of buildings damaged by any cause whatsoever to determine the
safety of buildings affected thereby.
(b)
Rights. The Building
Inspector, or his authorized agent, shall have the power and authority at all
reasonable hours, for any proper purpose, to enter upon any public or private
premises and make inspection thereof and to require the production of the
permit for any building, plumbing, electrical or heating work being done or the
required license therefor. No person shall interfere with or refuse to permit
access to any such premises to the above-described representatives of the City
while in the performance of their duties.
(c)
Records. There shall
be kept in the Department of Building Inspection a record of all applications
for building permits in a book for such purpose, and each permit shall be
regularly numbered in the order of its issue. Also, a record showing the
number, description and size of all buildings erected indicating the kind of
materials used and the cost of each building and aggregate cost of all
buildings in the various classes shall be kept. There shall be kept in the
Department of Building Inspection a record of all inspections made and of all
removal and condemnation of buildings and a record of all fees collected
showing the date of their receipt. The Building Inspector shall make a written
annual report to the Common Council relative to these matters.
(a) Permits
Required.
(1)
No building or
structure or any part thereof shall hereafter be built, enlarged, altered or
demolished within the municipality or moved into, within or out of the
municipality except as hereinafter provided, unless a permit therefor shall
first be obtained by the owner or his agent from the Building Inspector.
(2)
Permits
required are as follows:
a.
Building.
b.
Air
conditioning.
c.
Wrecking or
razing.
d.
Heating.
e.
Moving of
buildings.
f.
Occupancy.
g.
Reroofing and
residing.
h.
Other permits
as required by governing municipality.
(b) Application
for Permits.
(1) General
Application Requirements. Application for a building permit shall be made
in writing upon a blank form to be furnished by the Building Inspector and
shall state the name and address of the owner of the building and the owner of
the land on which it is to be erected, the name and address of the designer and
shall set forth a legal description of the land on which the building is to be
located, the location of the building, the house number thereof and such other
information as the Building Inspector may require. With such application, there
shall be submitted to the Building Inspector three (3) complete sets of plans
and specifications and three (3) copies of a survey.
(2) Survey.
The survey shall be prepared and certified by a surveyor registered by the
State of Wisconsin, shall be made in no case prior to one (1)year prior to the
issuance of a building permit and shall bear the date of the survey. The
certified survey shall also show the following:
a.
Location and
dimensions of all buildings on the lot, both existing and proposed.
b.
Dimensions of
the lot.
c.
Dimensions
showing all setbacks to all buildings on the lot.
d.
Proposed grade
of proposed structure, to City or village datum.
e.
Grade of lot
and of road opposite lot.
f.
Grade and
setback of adjacent buildings. If adjacent lot is vacant, submit elevation of
nearest buildings on same side of the road.
g.
Type of
monuments at each corner of lot.
h.
Watercourses
or existing drainage ditches.
i.
Seal and
signature of surveyor.
(3) Plans
and Specifications.
a. All plans shall be drawn to a scale not less than one-fourth
(1/4) inch per foot, on paper or cloth in ink, or by some other process that
will not fade or obliterate and shall disclose the existing and proposed
provisions for water supply, sanitary sewer connections and surface water
drainage. All dimensions shall be accurately figured. Drawings that do not show
all necessary detail shall be rejected. A complete set of plans for residential
construction shall consist of:
1.
All
elevations.
2.
All floor plans.
3.
Complete
construction details.
4.
Fireplace
details [three-fourths (3/4) inch per foot showing cross-section of fireplace
and flues.
5.
Plans of
garage when garage is to be built immediately or location of garage when it is
to be built at a later date.
b. All plans shall remain on file in the office of the Building
Inspector until at least one (1) year after the completion of the building,
after which time the Building Inspector may return the same to the owner, may
keep them for public record or may destroy them.
(c) Waiver
of Some Requirements. At the option of the Building Inspector, plans, data,
specifications and survey need not be submitted with an application for permit
to execute minor alterations and repairs to any building, structure or equipment,
provided the proposed construction is sufficiently described in the application
for permit.
(d)
Seal of Registered Engineer or Architect. All plans, data and specifications for the construction of
any building or structure or for any construction in connection with existing
buildings and structures, other than one (1) and two (2) family residences,
containing more than fifty thousand (50,000) cubic feet, total volume,
submitted with any application for permit, shall bear the seal of the
registered architect or registered engineer. The plans shall also be stamped as
approved as required by the Department of Industry, Labor and Human Relations
of the State of
(e) Drainage
(1)
Grading of
Lots. The plans shall show
the present and proposed grades of the lot on which it is proposed to erect the
building for which a building permit is sought and of the immediately adjoining
property in sufficient detail to indicate the surface water drainage before and
after the completion of grading. No permit shall be issued if the erection of
the building and the proposed grades shall unreasonably obstruct the natural
flow of water from the surface of adjoining property or obstruct the flow of
any existing ravine, ditch, drain or storm water sewer draining neighboring
property, unless suitable provision is made for such flow by means of an
adequate ditch or pipe, which shall be shown on the plans and shall be
constructed so as to protrude continuous drainage at all times.
(2)
Storm Water
Drains. No dwelling shall
be erected nor shall existing provisions for conveyance of water from the roof
of any dwelling be altered or replaced unless provision is made to convey water
from the roof of the dwelling in such a manner that such water will not,
directly or indirectly, pass thence into the sanitary sewer system. No storm
water or surface water drains may be connected with the sanitary sewer system,
whether installed above or below the surface of the ground.
(f) Building Inspector to Issue Permit.
(1)
If the
Building Inspector finds that the proposed building will comply in every
respect with this Code, other municipal ordinances and all laws of the State of
(2)
In case
adequate plans are presented, the Building Inspector, at his discretion, may
issue a permit for a part of the building before receiving the plans and
specifications of the entire building. It shall be unlawful to commence work on
any building or alteration before the building permit has been issued. The
issuance of a permit upon the plans and specifications shall not prevent the
Building Inspector from thereafter requiring the correction of errors in said
plans and specifications or from preventing building operations being carried
on thereunder when in violation of any ordinances of the City or laws of the
State of
(3)
For the
construction of buildings requiring approval of the Department of Industry,
Labor and Human Relations of the State of
(g)
Inspector May Revoke Permits.
(1)
The Building
Inspector may revoke any permit, certificate of occupancy or approval issued
under the regulations of this Code and may stop construction or use of approved
new materials, equipment, methods of construction, devices or appliances for
any of the following reasons:
a.
Whenever there
is a violation of any regulation of this Code or of any other ordinance, law or
lawful orders or Wisconsin Statute relating to the same subject matter.
b.
Whenever the
continuance of any construction becomes dangerous to life or property.
c.
Whenever there
is any violation of any condition or provisions of the application for permit,
or of the permit.
d.
Whenever, in
the opinion of the Building Inspector, there is inadequate supervision provided
on the job site.
e.
Whenever any
false statement or misrepresentation has been made in the application for permit,
plans, drawings, data specifications or certified lot or plot plan on which the
issuance of the permit or approval was based.
f.
Whenever there
is a violation of any of the conditions of an approval or occupancy given by
the Building Inspector for the use of any new materials, equipment, methods or
construction devices or appliances.
(2)
The notice
revoking a permit, certificate of occupancy or approval shall be in writing and
may be served upon the applicant for the permit, owner of the premises and his
agent, if any, and on the person having charge of, construction.
(3)
A revocation
placard shall also be posted upon the building, structure, equipment or
premises in question by the Building Inspector.
(4)
After the
notice is served upon the persons as aforesaid and posted, it shall be unlawful
for any person to proceed thereafter with any construction operation whatsoever
on the premises, and the permit which has been so revoked shall be null and
void, and before any construction or operation is again resumed, a new permit,
as required by this Code, shall be procured and fees paid therefor, and
thereafter the resumption of any construction or operation shall be in
compliance with the regulation of this Code.
(h) Fees.
Before receiving a building permit, the owner or his agent shall pay the fee
specified in Section 15-1-20. In applying the provisions of this Code in
respect to new work, existing buildings, alterations and repairs, the physical
value of the work shall be determined by the Building on the basis of current
costs or as otherwise provided in the local ordinances.
(a)
A weatherproof
card signed by the Building Inspector indicating the permit has been issued
shall be posted at the job site during construction. After issuance of a
building permit, the approved plans shall not be altered unless any proposed
change is first approved by the Building Inspector as conforming to the
provisions of this Code.
(b)
The building
permit shall become void unless operations are commenced within four (4) months
from the date thereof, or if the building or work authorized by such permit is
suspended at any time after work is commenced for a period of sixty (60) days.
The period of time may be extended by the Building Inspector if the delay was
due to conditions beyond the control of applicant.
(c)
Before any
work is commenced or recommenced after the permit has lapsed, a new permit
shall be issued at the regular fee rate. In any event, all work shall be
completed within eighteen (18) months from the date of issuance of the permit.
(a)
General No person
shall move any building or structure upon any of the public rights-of-way of
the City without first obtaining a permit
therefor from the Building Inspector and upon the payment of the required fee. Every such permit issued by the
Building Inspector for the moving of a building shall designate the route to be
taken, the conditions to be complied with and shall limit the time during which
said moving operations shall be continued.
(b)
Moving Damaged Buildings.
No building shall be repaired, altered or moved within or into the City that
has deteriorated or has been damaged (including such moving and separation from
its foundation and service connections in case of moved buildings), fifty
percent (50%) or more of its equalized value by any cause, and no permit shall
be granted to repair, alter or move such building within or into the City.
(c)
Continuous Movement.
The movement of buildings shall be a continuous operation during all the hours
of the day, and day by day and at night, until such movement is fully
completed. All of such operations shall be performed with the least possible
obstruction to thoroughfares. No building shall be allowed to remain overnight
upon any street crossing or intersection, or so near thereto as to prevent easy
access to any fire hydrant or any other public facility. Lighted lanterns shall
be kept in conspicuous places at each end of the building during the night.
(d)
Street Repair.
Every person receiving a permit to move a building shall, within one (1) day
after said building reaches its destination, report that fact to the Building
Inspector who shall thereupon, in the company of the municipal highway
commissioner, inspect the streets and highways over which said building has
been moved and ascertain their condition. If the removal of said building has
caused any damage to any street or highway, the person to whom the permit was
issued shall forthwith place them in good repair as they were before the permit
was granted. On the failure of the said
permittee to do so within ten (10) days thereafter to the satisfaction of the
governing body, said body shall repair the damage done to such streets and hold
the person obtaining such permit and the sureties on his bond responsible for
the payment of the same.
(e)
Conformance with Code.
No permit shall be issued to move a building within or into the City and to
establish it upon a location within the said City until the Building Inspector
has made an investigation of such building at the location from which it is to
be moved and is satisfied from such investigation that said building is in a
sound a stable condition and of such construction that it will meet the
requirements of this Building Code in all respects. A complete plan of all
further repairs, improvements and remodeling with reference to such building
shall be submitted to the Building .Inspector, and he shall make a finding of
fact to the effect that all such repairs, improvements and remodeling are in
conformity with the requirements of this Building Code, and that when the same
are completed the building as such will so comply with said Building Code. In
the event a building is to be moved from the municipality to some point outside
the boundaries thereof, the provisions with respect to the furnishing of plans
and specifications for proposed alterations to such building may be
disregarded.
(f)
Bond.
(1) Before a permit is issued to move any
building over any public way in this City, the party applying therefor shall
give a bond to the City in a sum to be fixed by the Building Inspector and
which shall not be less than One Thousand Dollars ($1,000.00), said bond to be
executed by a corporate surety or two (2) personal sureties to be approved by
the governing body or designated agent conditioned upon, among other things,
the indemnification to the City for any costs or expenses incurred by it in
connection with any claims for damages to any persons or property, and the
payment of any judgment, together with the costs and expenses incurred by the
City in connection therewith, arising out of the removal of the building
for which the permit is issued.
(2) Unless the Building Inspector, upon investigation, shall find
it to be a fact that the excavation exposed by the removal of such building
from its foundation shall not be so
close to a public thoroughfare as to permit the
accidental falling therein of travelers or the location, nature and
physical characteristics of the premises and the falling into such excavation
of children under twelve (12) years of age unlikely, the bond required by Subsection (f)(1) shall be further
conditioned upon the permittee erecting
adequate barriers and within forty-eight (48) hours, filling in such
excavation or adopting and employing such other means, devices or methods
approved by the Building Inspector and reasonably adopted or calculated to
prevent the occurrences set forth herein.
(g)
Insurance.
The Building Inspector shall require, in addition to said bond above indicated,
public liability insurance covering injury to one (1) person in the sum of not less than One Hundred Thousand Dollars
($100,000.00) and for one (1) accident in a sum not less than Two Hundred
Thousand Dollars ($200,000.00), together with property damage insurance in a
sum not less than Fifty Thousand Dollars ($50,000.00) or such other coverage as
deemed necessary.
(h)
Plan Commission or Other Assigned Board or Commission.
(1) No such permit shall be issued unless it
has been found as a fact by the Plan Commission of the City by at least a
majority vote, after an examination of the application for the permit, which
shall include exterior elevations of the building and accurate photographs of
all sides and views of the same, and in case it is proposed to alter the
exterior of said building, plans and specifications of such proposed
alterations, and after a view of the building proposed to be moved and of the
site at which it is to be located, that the exterior architectural appeal and
functional plans of the building to be moved or moved and altered will not be
so at variance with either the exterior architectural appeal and functional
plan of the neighborhood, or the character of the applicable district
established by the zoning ordinances of the municipality, or any ordinance
amendatory thereof or supplementary thereto, as to cause a substantial
depreciation in the property values of said neighborhood within said applicable
district. In case the applicant proposes to alter the exterior of stud building
after papers complete plans and specifications for the buildings already
constructed or in the course of construction in the immediate proposed
alterations. Before a permit shall be issued for a building to be moved and
altered, the applicant shall give a bond to the Plan Commission which shall not
be less than One Thousand Dollars ($1,000.00) to be executed in the manner
provided in Subsection (f) hereof to the effect that he will, within a time to
be set by the Plan Commission, complete the proposed exterior alterations to
said building in the manner set forth in his plans and specifications. This
bond shall be in addition to any other bond or surety which may be required by
other applicable ordinances of the municipality. No occupancy permit shall be
issued for said building until the exterior alterations proposed to be made
have been completed.
(2) Upon application being made to the Building Inspector, he
shall request a meeting of the Plan Commission to consider applications for
moving permits which he has found comply in all respects with all other
ordinances of the City. The Plan Commission may, if it desires, hear the
applicant for the moving permit in question and/or the owner of the lot on
which it is proposed to locate the
building in question, together with any other persons, either residents or
property owners, desiring to be heard, giving such notice of hearing as they
may deem sufficient. Such hearing may be adjourned for a reasonable
length of time;
and within forty-eight (48) hours after the close
of the hearing, the Plan Commission
shall, in writing, make or refuse to make the finding required by Subsection
(h) hereof and file it in the office of the City Clerk, who shall send a copy
of it to the Building Inspector.
(a) Razing
of Buildings. The Building Inspector is hereby authorized to act for the
municipality under the provisions of Sec. 66.05 of the Wisconsin Statutes,
relating to the razing of buildings and all acts amendatory thereof and
supplementary thereto. The City
Treasurer is authorized to place the assessment and collect the special tax as
therein provided.
(b) Notice
to Utilities. Before a building can be demolished or removed, the owner or
agent shall notify all utilities having service connections within the
building, such as water, electric, gas, sewer and other connections. A permit to demolish or to remove a building
shall not be issued until it is ascertained that service connections and
appurtenant equipment, such as meters and regulators, have been removed or
sealed and plugged in a safe manner.
Excavations shall be filled with solid fill to match lot grade within
five (5) days of removal of the structure.
Any excavation shall be protected with appropriate fences, barriers
and/or lights.
(a)
Notification. Upon notification from the permit holder or
his agent, required inspections of the construction of any buildings,
structures or equipment shall be made as follows:
(1) Inspection
to determine if the location on the premises is in compliance with approved
certified lot or plot plan of the premises and the terms of the permit.
(2) Inspection
to determine if the construction of footings as to thickness, width, placing of
reinforced steel, if required, and foundation walls is in compliance with approved
plans, data and the terms of the permit.
Recertification of the footings and foundation location and elevation
shall be provided to the Building Inspector prior to pouring concrete.
(3) Inspection
of all wall, floor and roof framing, fire stopping and bracing when completed
and of all pipes, chimneys, ventilating and other ducts, shafts and equipment when in place, but
before any such work is covered, enclosed or concealed by other construction.
(4) Inspection
prior to laying concrete for basement floor to inspect subgrade drain tile and
forms.
(5) Upon
the completion of any building, structure, equipment or construction for which
a permit was issued and before the same occupied or used, a final inspection
shall be made by the Building Inspector; and until such building, structure or
equipment is in compliance with all the requirements of this Code and terms of the permit, no
occupancy shall be maintained. If the
construction conforms to the requirements of this Code, a certificate of occupancy shall be issued.
(b) Coordinated Inspections.
All provisions of the laws and regulations of the municipality and-of legally
adopted rules of local fire and health officials in respect to the
operation, equipment, housekeeping, fire
protection, handling and storage of flammable materials, liquids and gases and
the maintenance of safe and sanitary conditions of use in occupancy in all
buildings shall be strictly enforced by the administrative officials to whom
such authority is delegated. Whenever inspection by any authorized enforcement
officer discloses any violation of the
provisions of this Code or of any other rules, regulations or laws, he shall
immediately notify the administrative officer having jurisdiction of the
violation.
(c) Certified Report.
The Building Inspector may require a certified report of all required
inspections as regulated by this Code from the registered architect or
registered engineer supervising the construction of any building, structure or
equipment requiring their supervision. Such certified report shall state in
detail that all construction work has been executed in accordance with all of
the regulations of this Code, approved plans, specifications, terms of the
permit, and further that such construction work was executed in accordance with
accepted architectural and engineering standard procedures.
(d) Board of or Other
Assigned Board or Commission. Any person feeling himself aggrieved by any
order or ruling of the Building Inspector may appeal from such ruling to the
Board of Appeals within twenty (20) days after written notice of such ruling
shall have been delivered to him. Such appeal is to be in writing, setting forth the order appealed
from, and the respects in which said
person, feeling himself aggrieved, claims that said order or ruling is
erroneous or illegal Said notice of appeal shall be filed with the City Clerk
who shall thereupon notify the Building Inspector of said appeal, and the
appeal shall be heard at the next meeting of the Board of Appeals. The said Board
of Appeals, after consideration thereof,
shall affirm, reverse or modify said ruling as is just in the premises. The
ruling or order of the inspection shall be enforced until changed by said Board
of Appeals.
Whenever
the provisions of this Code or of the plans approved thereunder are not
complied with, a stop-work order shall be served on the owner or his
representative and a copy thereof shall be posted at the site of the
construction. Such stop-work order shall
not be removed except by written notice of the Building Inspector after
satisfactory evidence has been supplied that the violation has been corrected.
(a)
Inspections.
(1)
The Building
Inspector shall make a final inspection of all new buildings, additions and
alterations. If no violations of this or any other ordinance are found, the
Building Inspector shall issue a certificate of occupancy, stating the purpose
for which the building is to be used.
(2)
No building,
nor part thereof, shall be occupied until such certificate has been issued, nor
shall any building be occupied in any manner which conflicts with the
conditions set forth in the certificate of occupancy.
(b) Use
Discontinued.
(1)
Whenever any
building or portion thereof is being used or occupied contrary to the
provisions of this Code, the Building Inspector shall order such use or
occupancy discontinued and the building or portion thereof vacated, by notice
served on any person using or causing such use or occupancy to be continued and
such person shall vacate such building or portion thereof within ten (10) days
after receipt of the notice or make the building or portion thereof comply with
the requirements of this Code.
(2)
Any building,
structure or premises or any part thereof hereafter vacated or damaged by any
cause whatsoever so as to jeopardize public safety or health shall not
hereafter be occupied or used under an existing certificate of occupancy or
without the same until an application has been filed and a new certificate of
occupancy issued.
(c) Change. It shall
be unlawful to change the use of any buildings, structure, premises or part
thereof without first obtaining from the Building Inspector an approval of such
change in the occupancy or use and a certificate of occupancy therefore. For
purposes of this Subsection, a change in use shall include a change in the user
for any non-residential building, structure, premises or part thereof.
(d) Hardship. The
Building Inspector shall have the authority. and power to permit the occupancy
of any building or structure in the City, prior to issuance of an occupancy
certificate, in all such cases of hardship as, in his judgment and discretion,
warrant occupancy before final stage of completion as set forth in this Code. Before granting such permission,
the Building Inspector shall first examine the premises and determine if it is
safe and sanitary. The Building Inspector shall determine the time within which
such building or structure can be
completed, such time should not exceed one hundred twenty (120) days.
No
provision in this Code is intended to prohibit or prevent the use of any
alternate material or method of construction not specifically mentioned in this
Code. Approval of alternate materials or methods of construction shall be
obtained from the Department. Requests for approval shall be accompanied by
evidence showing that the alternate material or method of construction
performs in a manner equal to the
material or method required by the Code. The Department may require any claims
made regarding the equivalent performance of alternate materials or
method to be substantiated by test.
(a) The Department may require that the materials, methods,
systems, components or equipment be
tested to determine the suitability for the intended use. The Department will
accept results conducted by a recognized independent testing agency. The cost
of testing shall be borne by the person requesting the approval.
(b) The test method used to determine the performance shall be one
that is a nationally recognized standard.
(c) If no nationally recognized standard exists, past performance
or recognized engineering analysis may be used to determine suitability.
(d) Ungraded or used building materials may be used or reused as
long as the material possesses the essential properties necessary to achieve
the level of performance required by the Code for the intended use. The
Department or the City enforcing this Code may require tests in accordance with
this Section.
(a)
Manufacture,
(b)
Installation.
A permit shall be obtained before any on-site construction falling within the
scope of this Code is commenced for a manufactured dwelling.
(c)
Approval. An
application for the approval of any manufactured dwelling, building system or
component shall be submitted to the Department in the form required by the
Department, along with the appropriate fees in accordance with the Wisconsin
Administrative Code.
All
materials shall be identified by the approved label, the grade mark, the trade
mark or by other approved manufacturer's identification.
No person, firm or
corporation shall transfer to, dump, place, maintain or allow to remain upon
lands, public or private, solid fill within the City of
(a)
Application.
Application for a
permit to transfer, dump, place, maintain or allow solid fill to remain within
the City of Glendale shall be made by the owner of the lands to be filled or
his designated agent in writing to the Building Inspector upon an application
furnished by the City. A separate permit
shall be obtained for each truck or vehicle hauling the fill material. The
applicant shall set forth upon the application form the following information:
(1) Location of
filling operation;
(2) Proposed
route for hauling fill;
(3) Number, type,
size and license number of trucks to be used;
(4) Proposed
trucking schedule, number of days and time of day;
(5) Other
equipment involved in fill operation;
(6) Descriptions
and source of fill material;
(7) Grading plan
indicating final limits and finished grade of fill area.
(b) Fill Material. Fill
material shall be clean, inert material fee from organic material, brush,
garbage and material subject to organic decomposition. Where necessary, to
avoid dust or similar litter, all material shall be wetted down before
transporting. Fill containing items such as hollow containers, appliances and
equipment subject to subsequent collapse or settlement is prohibited.
Generally, material such as earth fill and broken concrete of a size approved
by the Building Inspector or his designee will be classified as acceptable fill
subject to other permit requirements.
(c) Permits. The Building
Inspector is authorized to issue a filling permit to each applicant when he is
satisfied that the fill material meets the requirements in Subsection (3) above
and that the filling operation will not create noise, traffic or other problems
detrimental to the residents of the area of the community in which said filling
is taking place; the Building Inspector shall not authorize any filling between
the hours of 5:00 p.m. and 8:00 a.m. on weekdays, nor at any time on Saturday,
Sunday or on a statutory holiday; he shall further restrict the hours of
filling or the number of trucks involved based upon the location of the filling
operation and the traffic conditions of the area where the filling is being
placed. The permit shall be for a period not to exceed three (3) consecutive
months in a calendar year. Permit applications for subsequent years, when
filling operations span a period of several years, will be subject to
conditions and fees governing initial applications.
(d) Other Regulations.
Filling operations also shall be' subject to all applicable county, state or
federal license or permit regulations. Filling operations shall not block a
natural drainage course.
(e) Exceptions. The
provisions of this Subsection relating to the transfer of solid fill shall not
apply to customary top dressing or fertilizing of lawns and gardens nor shall
they apply to the construction of block or concrete patios, driveways or
platforms permitted under City Ordinances. Filling involved in an operation
requiring a building permit or a wrecking permit is exempt from this Subsection
of the Code.
(a) It shall be unlawful for any person to erect, use, occupy or
maintain any building or structure in
violation of any provisions of this Building Code or to cause, permit or suffer
any such violations to be committed. Any person
violating any of the provisions of this Code shall, upon conviction, be
subject to a forfeiture of not less than Five Dollars ($5.00) nor more than
Five Hundred Dollars ($500.00), together with the costs of prosecution and, in
default of payment thereof, shall be
imprisoned for a period of not less than one (1) day or more than six (6) months or until such
forfeiture and costs are paid. It shall be
the responsibility of the offender to abate the violation as
expeditiously as possible, and each day
that such violation is permitted to continue shall constitute a separate
offense.
(b) If, in any action, a permitted was issued, it shall not
constitute a defense, nor shall any error, oversight or dereliction of duty on
the part of the Building Inspector constitute a defense.
It
shall be unlawful to commence work prior to obtaining a permit therefor. Double
fees shall be charged if work is commenced prior to the issuance of a permit.
Before
issuing a building permit, the owner or his agent shall pay to the Building
Inspector the following fee(s). An
additional 40% administrative cost shall be added to all fees unless otherwise
indicated.
(a) Residental
(1) New Construction $.12 per sq. ft for
all floor area
$100.00
Minimum
a. State
Seal $35.00
Do not add 40%
(2) Remodel Interior/Exterior $7.00 per
$1000 of valuation
$60.00
minimum
(3) Early Start $60.00
minimum
Footing or
Foundation
(4) Accessory
Structure $.12
per sq. ft. for all areas
(i.e.
Garages, Decks, Sheds) $50.00
minimum
(5) Pools &
Spas (exterior only) $50.00
(6) Other (i.e.
roofing, siding, fencing) $45.00
minimum
(7) Razing $.05/s.f.
of floor area
$50.00
minimum
(8) Erosion
Control $100.00
New
$75.00
Addition or other
(9) Occupancy
Permit $40.00
per dwelling unit
(10) Temporary
Occupancy Permit $50.00
per dwelling unit
(11) Address
Numbers $1.50
per bracket Do not add 40%
$1.00
per tile Do not add 40%
(12) Re-inspection
Fee $50.00
Each
(13) Failure to Call for Inspection $50.00 First
Violation
$100.00
Second Violation
$150.00
Third and Subsequent Violations
(b) Commercial
(1) New
Construction or Addition
a. Multi-Family (3-family or more), $.13 per sq. ft.
Motels,
CBRF
b. Mercantile, Restaurants, Taverns, $.13 per sq. ft.
Assembly
Halls, Offices
c. Schools, Institutional, Hospitals $.15 per sq. ft.
d. Manufacturing and Industrial $.12 per sq. ft.
(Office
area to follow fees in "b")
e. Vehicle Repair and Vehicle Storage $.14 per sq. ft.
f. Warehouse, Mini-Warehouse, Building $.08 per sq. ft.
Shells for
Multi-Tenant Buildings
(Office area
to follow fees in "b")
g. Build-Out See above
fees a - f
h. Special Occupancies (Outdoor Pools $.10 per sq. ft.
Towers,
Tents, etc.)
i. Minimum permit fee for the above $100.00 minimum
referenced
permits
(2) Erosion
Control $200.00
for first acre then
$100.00
per acre thereafter
(3) Early
Start Permit $100.00
Footing & Foundation
per COMM 61.23
(4) Remodel $8.00
per $1000 of valuation
$100.00
minimum
(5) Commercial
Plan Review Certified
Municipality per COMM 2.31
(6) Occupancy,
Temporary Occupancy & $60.00
Change of Use Permit
(7) Other
(fencing, roofing, siding, etc.) $75.00
minimum
(8) Razing $.05/s.f.
of floor area
$75.00
minimum
(c) Agricultural
Buildings (unheated)
(1) New
Construction $.05
per sq. ft. for all floor areas
(2) Remodel $6.00
per $1000 of valuation
$50.00
minimum
(d) Mechanical & Miscellaneous -
Add 40% administrative fee to all permits
(1) Plumbing See
plumbing permit application form
(2) Electrical See
electrical permit application form
(3) HVAC See
HVAC permit application form
(4) Sprinkler Permits
issued through NSFD.
Fees
determined by NSFD
(5) Filling See
erosion control fees (#2 above)
(6) Zoning Contact
Zoning Administrator at 228-1744
(7) Re-Inspection
Fee $50.00
each
(8) Failure
to call for inspection $50.00
First Violation
$100.00
Second Violation
$150.00
Third and subsequent violations
(9) Moving Buildings over public ways $38.00 per hour/inspector. Consult with Glendale Police Department prior
to moving.
(e) Other
fees charged to the municipality from other government entities for reviewing
plans or permits. Fees charged are
required to be paid at the time of application.
Fees charged are at cost.
(f) Double
Fees: Upon failure to obtain a permit
before work on a building has begun, except in emergency cases, the total fee
shall be doubled the fees charged.
NOTE: The
state fee schedule for commercial buildings Chapter Comm. 2.31 projects may be
charged in lieu of or in addition to this fee schedule at the municipality’s
discretion.
NOTE: Gross
square footage calculations are based on exterior dimensions, including garage
and each finished floor level.
Unfinished basements or portions thereof are not included.
NOTE: In
determining costs, all construction shall be included with the exception of
HVAC, plumbing or electrical work.
NOTE: Check
with local municipality regarding fee schedule.
NOTE: All
fee categories shall be rounded up to the next full dollar amount.
NOTE: NO
REFUNDS once permit has been issued.
If
any section, clause, provision or portion of this Chapter, or of the Wisconsin
Administrative Code adopted by reference, is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remaining provisions shall
not be affected.
Before issuing a HVAC permit, the owner or his agent shall
pay to the Building Inspector the following fee(s). An additional 40% administrative cost shall
be added to all fees unless otherwise indicated.
(a) The
schedule of permit fees to be paid shall be as follows, and such fees shall be
paid at the time the permit is issued:
(1) Fees
shall be those as established on the Uniform HVAC Permit Application.
(2) Re-inspection
Fee $50.00
Each
(3) Failure
to Call for Inspection $50.00
First Violation
$100.00
Second Violation
$150.00 Third and Subsequent
Violations
(4) Failure
to Obtain Permit DOUBLE
FEES
(5) NO
REFUNDS once permit has been issued.
ARTICLE B
Plumbing Code
(a)
The purpose of
this Plumbing Code is to provide minimum regulations, provisions and
requirements in the City of
(b)
The provisions
of this Article shall apply to every building, or portion of a building,
devoted to a new use for which the requirements are in any way more stringent
than the requirements covering the previous use.
(c)
This Article shall
be known as the City of
(a)
Adopted by Reference.
Chapter 145, Wis. Stats.; the State Plumbing Code, ILHR 81, Wis. Adm. Code; and
ILHR 82 and ILHR 84, Wis. Adm. Code, are hereby adopted and by reference made a
part of this Chapter with the same force and effect as though set out in full.
(b)
To be on File.
A copy of the State Plumbing Code shall be on file in the office of the City
Clerk.
(a)
Discharge.
No person shall cause, allow or permit any roof drain, surface drain, subsoil
drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump
pump or any other object or thing used for the purposes of collecting,
conducting, transporting, diverting, draining or discharging clear water from
any part of any private premises owned or occupied by said person to discharge
into a sanitary sewer, public street, alley, sidewalk or public lands dedicated
to public uses other than storm water collection, or adjacent private property.
(b)
Nuisance.
The discharge into a sanitary sewer, public street, alley, sidewalk, public
lands dedicated to public use, or adjacent private property, from any roof
drain, surface drain, drain from any mechanical device, gutter, ditch, pipe,
conduit, sump pump or any other object or thing used for the purposes of
collecting, conducting, transporting, diverting, draining or discharging clear
water from any part of any private premises is hereby declared to be a public
nuisance and a hazard to the health, safety and well-being of the residents of
the City and to the protection of the property.
(c)
Groundwater.
Where deemed necessary by the Building Inspector, every house shall have a sump
pump installed for the purpose of discharging clear waters from foundation
drains and ground infiltration and where the building is not serviced by a
storm sewer shall either discharge into an underground conduit leading to a
drainage ditch, gutter, dry well or shall discharge onto the ground surface in
such other manner as will not constitute a nuisance as defined herein.
(d)
Storm Water.
All roof drains, surface drains, drains from any mechanical device, gutters,
pipe, conduits or any other objects or things used for the purpose of
collecting, conducting, transporting, diverting, draining or discharging storm
waters shall be discharged either to a storm sewer, a dry well, an underground
conduit leading to a drainage ditch or onto the ground surface in such other
manner as will not constitute a nuisance as defined herein.
(e)
Storm Sewer Lateral.
Where municipal storm sewers are provided and it is deemed necessary by the
property owner and/or the City to discharge clear waters from a parcel of land,
a storm sewer lateral shall be installed and connected to the storm sewer main
at the expense of the owner.
(f)
Conducting Tests.
If the Building Inspector or his designated agent suspects an illegal clear
water discharge as defined by this Chapter or by any other applicable provision
of the Wisconsin Administrative Code as it may, from time to time, be amended,
he may, upon reasonable notice and at reasonable times, enter the private
premises where such illegal clear water discharge is suspected and conduct
appropriate tests to determine whether such suspected illegal clear water discharge
actually exists.
(g)
Penalty. Any violation of this section may be
prosecuted or enforced as provided in Section 1.1.7 of the Glendale Code.
Plumbing,
for the purpose of this Code, is defined as set forth in Sec. 145.01 of the
Wisconsin Statutes.
(a)
Appointment.
The Common Council of the City of
(b)
Duties. The Plumbing
Inspector shall be deemed an agent of the Director of Inspections, who shall
have co-jurisdiction with the Plumbing Inspector, and who shall maintain public
office hours necessary to efficiently administer the provisions of this Code
and shall perform the following duties:
(1)
Prepare
suitable forms for the application of permits required and keep in his office a
proper detailed record of all the transactions of his office. He shall file
such reports as requested by the Common Council on all
transactions of his office.
(2)
Examine and
check plans, specifications, drawings, descriptions or diagrams where necessary
to show clearly the kind and extent of plumbing work covered by the permit
application.
(3)
Administer and
enforce the provisions of this Code in a manner consistent with the intent
thereof and inspect all plumbing work authorized by any permit to assure
compliance with provisions of this Code, approving or rejecting said work in
whole or in part as conditions require.
(4)
Collect all
fees for permits issued as provided by this Code, issue receipts and turn all
such collected fees to the City Treasurer.
(5)
Issue upon
request a Certificate of Approval for any work approved by him.
(6)
Condemn and
reject all work done or materials used or being used which do not, in all
respects, comply with the provisions of this Code.
(7)
Keep a record
of all main sewer connections, if such sewer is available, showing location of
all junctions and other data necessary for the efficient service of his
department.
(8)
Shall file a
monthly report governing permit transactions with the City Administrator.
The
Director of Inspections, Plumbing Inspector or their assistants shall carry
proper credentials of their respective office and exhibit such credentials when
demanded by those whose permission is sought to gain entry into or on to a
premises. When refused such entry, they are authorized to seek and gain legal
entry.
15.1.36 SEWER IMPROVEMENT TAX.
No
permit shall be issued for any sewer connection, and no person shall be allowed
to connect with the public sewage system of this community while there is
outstanding against the premises for which the permit is applied for any
delinquency in the payment of any tax or assessment for the installation,
maintenance or operation of any sewer or public sewerage system, except in
cases where special permission to do so has been granted by the Plumbing
Inspector.
Whenever
any construction regulated by this Code is being or has been done contrary to
the requirements of this Code, the Plumbing Inspector may order all work
stopped on that portion of the installation on which such violation has
occurred. No person shall do any work on
any portion of the installation after a stop order has been issued by the
Director of Inspections or Plumbing Inspector.
(a)
Prior to the
issuing of a permit for plumbing, which necessitates excavation in a public
street or road, the Plumbing Inspector shall require satisfactory evidence that
the person or corporation applying for such permit carries public liability
insurance in a solvent insurance company in the sum of at least Fifty Thousand
Dollars ($50,000.00) for injury to one (1) person and One Hundred Thousand
Dollars ($100,000.00) for one (1) accident. Such certificate of insurance shall
be conditioned that the applicant will indemnify and save harmless the City of
(b)
Provided
further that any bona fide association of plumbers or plumbing contractors may
file such certificate of insurance on behalf of its members providing coverage
for each of its members for a given period of time not to exceed one (1) year
from the date of the filing thereof. Upon the filing of such certificate of
insurance, each such member applying for a permit shall be deemed to have
complied with the insurance requirements of this Section. Such certificate of insurance shall be
accompanied by an appropriate instrument or instruments authorizing any such
association to execute such certificate of insurance for and on behalf of its
members.
Whenever it shall be reported to the Health Officer
by. the Plumbing Inspector that the plumbing in any building is contrary to the
provisions of this Code, or is of faulty construction and liable to spread
sickness or disease, or is a menace to health, or upon complaint made to the
Health Officer by any person that the plumbing in any building is defective,
then the Health Officer shall direct the Plumbing Inspector to examine such
plumbing in said building and report his findings, in writing, to the Health
Officer, suggesting such changes as are necessary to put the same in proper
condition. The Health Officer thereupon shall direct such changes to be made as
he deems necessary and fix the time for doing the same. Any person refusing to comply therewith shall
be deemed guilty of a violation of this section, and each day's continuance
thereof shall constitute a separate offense.
Every
building intended for human habitation abutting on a street in which there is a
public sewer shall have a connection with that sewer. Every building used or intended for use of
human habitation shall have available to its occupants a water closet, wash
basin, bathtub or shower stall and kitchen sink, all in clean working order,
provided with an adequate water supply to properly operate each fixture.
(a)
No plumbing
work, as herein defined, shall be started or continued until a permit therefor
has first been obtained from the Inspection Department. Except as stipulated in
Sec. 145.02 of the Wisconsin Statutes, such permits will only be issued to
licensed master plumbers.
(b)
The application
for a permit to do plumbing work in the City of Glendale shall fully and truly
give the owner's name, address and telephone number, description of property,
work to be accomplished and must be signed personally by the master plumber or
property owner making application. In the event a master plumber shall fail to
comply with the provisions of this Code or shall fail to remedy any defective
work after the serving of a written notice by the Plumbing Inspector, then the
Plumbing Inspector may determine whether further permits shall be issued to
such plumber.
A
plumbing permit shall remain in force for six (6) months after the date of
issuance. In the event that all plumbing work has not begun or been completed
within such time, the permit may be revoked at the discretion of the Plumbing
Inspector. The plumbing permit also may be revoked at any time during the six
(6) month period if the plumber does not comply with the provisions of this
Code. Should a plumber request that his permit be voided before any inspections
are made, all fees paid with the exception of Ten Dollars ($10.00), which shall
be retained for clerical expense, shall be refunded. In the event partial
inspections have been made, the entire permit fee shall be retained.
Prior
to the issuance of a permit involving sewer or water excavations, the following
deposits shall be made with the Inspection Department which shall turn over
said funds to the City Treasurer. Not less than one hundred eighty (180) days
after the proper completion of the work for which said deposit was made, said
deposit shall be returned upon order of the City Engineer by the City Clerk,
unless, in the opinion of the Common Council, it shall be necessary to correct,
complete or supplement said work, in which event said deposit or any work
thereof may be retained to pay costs for completion of said work, without
prejudice to any right a remedy which the City of Glendale may have against any
person or persons doing such work. For excavation in a paved street, the
deposit required is Five Hundred Dollars ($500.00). NOTE: Street deposits may
be increased at the discretion of the City Engineer.
For
each sewer or water connection with public mains for the construction of which
sewer or water no assessment has previously been levied against the premises
defined in the application for permit, an assessment fee computed by
multiplying the number of feet of frontage of such premises by the rate per
front foot previously assessed for the construction of said public sewer or
water shall be paid by the owners of such premises.
All
storm and clear water, in the absence of storm sewers, may be drained to other sources
with the approval of the Plumbing Inspector. All roof leader, downspout and
sump discharge line discharges to the atmosphere must be so directed that water
will not be drained onto adjacent properties.
On
existing structures, connection to storm sewer, when available, shall be
ordered when necessitated by conditions detrimental to the best interests of
the community. The Plumbing Inspector is hereby authorized to issue such
orders.
All
new proposed commercial, industrial and institutional building plans shall be
approved by the City Engineer and Plumbing Inspector as to storm water drainage
before a building permit is issued.
No
person shall construct, reconstruct, alter, repair or install any drainage
structure in any natural drainage ditch or channel carrying storm water unless
a permit so to do has been obtained from the Director of Public Works.
No
person shall create any obstruction or interference to any natural drainage
ditch or channel that will in any manner obstruct the flow of water through
such drainage ditch or channel, except that a drainage ditch or channel may be
filled or altered if a permit has first been obtained.
Each
fuel-burning water heater shall be connected to an approved vent and each such
vent shall consist of approved vent piping of noncombustible,
corrosion-resistant material of sufficient thickness, cross-sectional area and
heat insulation quality to avoid excess temperature on any adjacent combustible
material and shall conform to approved recognized applicable standards.
Any
person who shall intentionally, willfully or maliciously injure, obstruct or
damage any plumbing as defined in this Code while being installed or after
being installed within the jurisdiction of this Code will be subject to
penalties as provided herein.
(a)
Definition
(1)
“Garbage"
means every waste or refuse, animal, fruit or vegetable matter, liquid or
otherwise, that attends the preparation, use, cooking, dealing in or storage of
meat, fish, fowl, fruit or vegetables.
(2)
"Mechanical
Garbage Disposer " means a motorized device suitable for installation under and in direct connection
with a kitchen sink, that communities garbage to such a size as to be readily
water-borne and cause the discharge of such comminuted garbage directly into a
sanitary sewerage system.
(3)
"Dwelling
Unit" means a single-family residence or flat or apartment in a
multiple-residence building.
(b) Garbage Disposer.
Each dwelling unit, having access to a public sanitary sewer, the construction
of which commenced after December 31, 1958, and each existing kitchen unit
having access to public sanitary sewer shall, prior to occupation or continued
use thereof for residence purposes, be equipped with a properly installed
mechanical garbage disposer which conforms to the specifications provided in
Subsection (c) hereof, except that in the case of an existing dwelling where,
in the opinion of the Plumbing Inspector, the cost of relocating or altering
existing plumbing or piping represents an undue hardship, then said Plumbing
Inspector may waive compliance with this Section.
(c) Specifications for
Mechanical Garbage Disposer. The specifications for a mechanical garbage
disposer shall be:
(1)
That it shall
shred garbage to a substantially uniform size and discharge the same at a
reasonably uniform rate in a water-borne or fluid form which will flow readily
through standard sink drains, approved traps, drain lines or soil lines in a
manner and consistency which will not cause clogging or stoppage of the drain
line or sewerage lines.
(2)
That it shall
be self-scouring with no surfaces or pockets to harbor food wastes.
(3)
That it be of
substantial construction of adequate capacity for the intended use, free from electrical or mechanical
hazards. If activated electrically, it shall bear evidence of Underwriters'
Laboratory approval.
(4)
That it shall
be permanently connected to a drain to the sewage system and shall be free from
any cross-connection to a water supply.
(d) Building or Remodeling
Permit. The Building Inspector shall not issue a permit for the construction
of any new dwelling unit or for the alteration or remodeling of any kitchen of
a dwelling unit, the construction of which commenced after December 31, 1958,
involving an expense in excess of Three Hundred Dollars ($300.00), unless the
plans and specifications and work to be performed include the installation of a
mechanical garbage disposer.
(e) Penalty. Any
person, firm or corporation who shall violate the provisions of this Section
shall be subject to the penalty provided in Section 1-1-7 of the Glendale Code
of Ordinances.
It
shall be the duty of every official, police officer, Plumbing Inspector or
Health Officer of the City of
Any.
plumber, property owner or other person found guilty of violating any of the
provisions of this Plumbing Code shall be subject to a fine of not less than
Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00),
together with the costs of prosecution, and in default of payment thereof,
shall be imprisoned in the County Jail until said fine and costs, together with
subsequent costs, are paid, but in any event not to exceed sixty (60)
days. Each day of violation shall
constitute a separate offense.
Any
person feeling himself aggrieved by any order or ruling of the Plumbing
Inspector may appeal from such ruling to the Board of Appeals within twenty
(20) days after written notice of such ruling shall have been delivered to
him. Such appeal shall be in writing, setting forth the
order appealed from and the respects in which said person, feeling himself
aggrieved, claims such order or ruling is erroneous or illegal. Said notice of
appeal shall be filed with the City Clerk who shall thereupon notify the
Plumbing Inspector of said appeal and the appeal shall be heard at the next
meeting of the Board of Appeals which, after consideration thereof, shall
affirm, reverse or modify such ruling as may be just in the premises. The
ruling or order of the Inspector shall be enforced until changed by said Board
of Appeals.
Before issuing a Plumbing permit, the owner or his agent
shall pay to the Building Inspector the following fee(s). An additional 40% administrative cost shall
be added to all fees unless otherwise indicated.
(a) The schedule of permit fees to be paid shall be as follows,
and such fees shall be paid at the time the permit is issued:
(1) Fees shall be those as established on the
Uniform Plumbing Permit Application.
(2) Re-inspection
Fee $50.00
Each
(3) Failure to
Call for Inspection $50.00
First Violation
$100.00
Second Violation
$150.00
Third and Subsequent Violations
(4) Failure
to Obtain Permit DOUBLE
FEES
(5) No
refunds once permit has been issued.
(a)
Grease Interceptor Permit Required. Any property owner, or property owner's agent or lessee,
who is required by COMM 82.34, Wis. Adm. Code, or any amendment thereto, to
install and maintain a grease interceptor, shall obtain an annual grease
interceptor permit from the City.
(b)
Application.
Application for a permit shall be made on forms provided by the City,
disclosing therein the following:
(1)
The name(s)
and telephone number(s) of the person(s) responsible for the maintenance of the
grease interceptor;
(2)
The means by
which the captured material is to be disposed;
(3)
The name of
the waste disposal firm contracted to dispose of the captured material; and
(4)
The record of
captured material disposal dates during the previous permit period.
(c)
Inspection.
Upon receipt of an application, the City Plumbing Inspector shall make, or
shall cause to be made, an inspection of the grease interceptor to assure that
the permitted premises and the grease interceptor are in compliance with COMM
82.34, Wis. Adm. Code. Inspections shall
be made at least once annually, and at such other times as the City Plumbing
Inspector shall deem necessary.
(d)
Fee. The applicant
shall pay an investigation and compliance fee to cover the City's cost of
administrating this compliance program. This fee relates solely to the
inspection and monitoring described in this Section, and is separate from all
other fees charged by the Sewer Commission. The annual fee shall be paid at the
time the applicant makes application and shall be Seventy-five Dollars ($75.00)
if the inspection service is performed by City of Glendale Department of
Inspections staff, or the exact cost to the City per inspection in the event
such inspections are performed by contract with an independent contractor
inspection service.
(e)
Expiration;
Renewal; Transfer. Annual Grease
interceptor permits shall expire on December 31st every year. Renewals shall be
handled in the same manner as original applications. Permits issued under this
Section are personal and may not be transferred.
(f)
Revocation of Permit. Permits issued under this Section may be
revoked, or withheld, by the City Plumbing Inspector whenever the City Plumbing
Inspector determines that the permit holder has violated any provision of COMM
82.34, Wis. Adm. Code, including, but not limited to, allowing deleterious
waste material to be introduced into the City sewer. Continued operation under
a revoked permit shall constitute a violation of Section 1-1-7 of the Glendale
Code of Ordinances.
(g)
Appeals. Appeals from
any order or decision of the City Plumbing Inspector under this Section shall
be made to the Board of Appeals of the City of
(h)
Penalty. Any person,
firm or corporation who shall violate the provisions of this Section shall be
subject to the penalty provided in Section 1-1-7 of the Glendale Code of
Ordinances.
THIS PAGE INTENTIONALLY LEFT BLANK.
ARTICLE C
(a)
Title. This Article
shall be known as the "Electrical Code of the City of
(b)
Purpose. The purpose
of this Electrical Code is the practical safeguarding of persons and property from hazards arising
from the installation and use of electricity.
(c)
Scope.
(1)
This Electrical
Code covers:
a.
Installation
of electric and communication conductors and equipment in places of employment
within or on public and private buildings or other structures, including mobile
homes, recreational vehicles and floating
dwelling units; and other premises such as yard, carnival, parking and
other lots, mines, trenches and tunnels, and industrial substations.
b.
Installation
of conductors that connect to the supply of electricity.
c.
Installation
of other outside conductors on the premises.
(2)
This Electrical
Code does not cover:
a.
Installations
in ships, watercraft other than floating dwelling units, railway rolling stock,
aircraft or automotive vehicles other than mobile homes and recreational
vehicles.
b.
Installations
of railways for generation, transformation or distribution of power used
exclusively for signaling and communication purposes.
c.
Installation
of communication equipment under exclusive control of communication utility,
located outdoors or in building spaces used exclusively for such installation.
d.
Installations
under the exclusive control of' electric utilities for the purpose of
communication or metering; or for the generation, control, transformation, transmission and distribution
of electric energy located in buildings used exclusively by utilities for such
purposes or located outdoors on property owned or leased by the utility or on
public highways, streets, roads or similar public thoroughfares, or outdoors
by established rights on private
property.
e.
Installations
under exclusive control of electric utilities or municipal electric departments
for the purpose of street or area lighting.
(3)
Application of
rules.
a.
The provisions
of this Article shall apply to all new installations, reconstructions,
alterations and extensions.
b.
Existing
installations may be required to be brought into compliance with minimum wiring
requirements by the City and within the time determined by the City.
(a) Standards for the installation of electrical conductors and
equipment in the City of
(b)
Interpretation
of the Code shall be at the discretion of the Electrical Inspector.
(c) Only that equipment which has been expressly made for
electrical purposes shall be installed for electrical purposes. All electrical
equipment shall be installed or used in the exact manner and for the exact
purpose indicated by the manufacturer's instructions, markings or labels. Old
or secondhand electrical equipment shall not be installed unless such equipment
is in a safe condition. The original
manufacturer's ratings, markings or labels thereon shall not be changed nor
altered. in any manner, except that normal replacements and
repairs may be made to such equipment if the replacements and repairs do not
change the original characteristics or design.
(d) One (1) .and two (2) family dwellings and manufactured
buildings for dwellings, the initial construction of which was commenced on or
after June 1, 1980, or additions and alterations to such dwellings shall comply
with the provisions of chapter III-IR 24, Wis. Adm. Code and all amendments
thereto, which is adopted by reference and made a part hereof.
The
Office of the Electrical Inspector of the City of
(a)
He shall be a
competent electrician and of good moral character.
(b)
He shall have
had at least six (6) years' experience as a master electrician or electrical
contractor in the business of supervising the installation of electrical
systems, apparatus and equipment, or four (4) years' training in a recognized
college of electrical engineering, plus two (2) years' experience as a master
electrician or electrical contractor.
(c)
He shall hold
current certifications from the Department of Industry, Labor and Human
Relations of the State of
(a)
The Electrical
Inspector shall have, except where otherwise provided in this Code, the general
management and control of all matters pertaining to electrical inspection and
shall enforce all state laws and City of-Glendale ordinances relating to the
safeguarding of life and property.
(b)
The Electrical
Inspector or his authorized agent shall have the power and authority, and it
shall be his duty, to enforce the provisions of this Article. For this purpose,
he shall have the right, at all reasonable hours, to enter any premises, either
public or private, in the discharge of the Electrical Inspectors official
duties and to require the production of a permit for any electrical work being
performed. No person shall interfere or refuse to permit access to any such
premises by the Electrical Inspector.
(c)
No person
shall interfere with or refuse to permit access to any such premises by such
Electrical Inspector. He shall be empowered or privileged to appoint a deputy
or deputies, subject to and after the approval of the Mayor.
(a)
The Electrical
Inspector shall keep a complete record of all applications and permits,
regularly numbered in the order of their issue, a record of all inspections
made and other official work performed under the provisions of this Article and
so arranged as to afford prompt information concerning electrical installations.
(b)
He shall file
with the City Clerk on or before the tenth (10th) day of each month a monthly
report of all applications received, licenses and permits granted and fees
received and delivered to the City Treasurer. He shall file with the City Clerk
prior to March 1st of each year an annual report as to all of the above
matters.
(a)
No person,
firm or corporation shall install, alter or report, not shall they engage in
the business of installing, altering or reporting any electrical wiring,
fixtures or apparatus, or install, alter or
repair the same within the City of Glendale without first having
procured a state-issued electrical
contractor's, electrical contractor's--restricted, or master electrician's
license pursuant to the rules promulgated and adopted by the Wisconsin
Department of Commerce under COMM Subchapter 4, Secs. 5.40 through 5.45, Wis. Adm. Code, as amended from
time to time. Persons, firms or corporations holding such a license shall be
entitled to an electrical license to be issued by the City of
(b) No license shall be required for the
making of minor repairs.
(c) All work done under this Section shall be subject to all
terms and provisions of any applicable local, state or federal codes, rules or
regulations.
(a) Temporary Work. On
applying for a permit for temporary work, a specified period of time for which
wiring is to remain in service must be stated, but not exceeding ninety (90)
days. Service shall be cut off at the
end of this period and shall not again be connected without written permission
from the Electrical Inspector. For
buildings where conduit wiring is required, special permits for temporary work
may be granted by the Electrical Inspector for the installation of open work
and exposed wiring, lights, power for building operations, display, decorative
lighting, etc., for use for a limited period subject to discontinuance and
complete removal at expiration, and to condemnation and revocation within such
period.
(b) Emergency Work. In
emergency work, the person, firm or corporation doing or causing such work to
be done shall report the same to the Electrical Inspector immediately after
beginning work, and such work shall be done in accordance with the provisions
of this Code.
(c)
Inspection.
Upon the completion of the wiring of any building and before any writing is to
be hidden from view, it shall be the duly of the person, firm or corporation
doing the same to notify the Electrical Inspector and he shall inspect the
installation within twenty-four (24) hours of the time such notice is received.
If, upon inspection, it is found that the installation is fully in compliance
with this Code and does not constitute a hazard to life or property, he shall
approve the same and authorize concealment of the wiring or authorize
connection for the electrical service. If the installation is incomplete or not
strictly in accordance with this Code, he shall issue orders to the person,
firm or corporation installing the same to remove all hazards and make the
necessary changes or additions within seven (7) days. No person, firm or
corporation shall conceal any electric work before inspection or fail to comply
with any order of the Electrical Inspector. All inspection notices shall be
immediately brought to the attention of the licensed supervisor no later than
seven (7) working days after final inspection has been requested.
(d)
Service Inspection.
The electrical system shall not be turned on in any electrical installation
until a certificate of inspection has been issued by the Electrical Inspector.
However, in occupied buildings where a permit has been issued, the Electrical
Inspector may authorize the installation of meters for electric service after
the wiring has been inspected and approved.
(e)
Rough-in Inspection.
Upon acceptance of work by the Electrical Inspector, approval shall be noted on
a placard posted on the premises. Until such time as this approval is posted,
no work requiring inspections shall be concealed. Current shall not be turned
on for any electrical installation until work has been approved. In buildings
occupied or to be occupied where an electrical permit has been issued, the
Electrical Inspector may authorize the installation of meters for electric
service after wiring has been inspected and approved.
(f)
Final Inspection.
Upon the completion of any building, structure, equipment or construction for
which a permit was issued and before the same is occupied or used, a final
inspection shall be made by the Electrical Inspector. Until such building,
structure or equipment is in compliance with all the requirements of the
Electrical Code and the Wisconsin State Electrical Code and terms of the
permit, no occupancy shall be maintained.
(g)
Authority to Turn Off Power During Fires. The Electrical Inspector, the Chief or Assistant Chief, or
other person in charge of the Fire Department, or other person so delegated,
shall have the power to cause the removal of all wires and the turning off of
all electrical currents where currents interfere with the work of the Fire
Department during progress of a fire.
(h)
Unlawful Connections.
It shall be unlawful for any person to make any connection from any source or
supply of electricity, or to supply electricity to any electrical equipment for
which a permit is required, or which has been disconnected by the Building
Inspector, authorizing the connection and use of such equipment.
(i)
Notice of Unsafe Equipment. If, upon any inspection by the Electrical Inspector, any
electrical equipment is found to be unsafe or dangerous to persons or Property,
the person owning or using such electrical equipment shall be notified writing
by the Electrical Inspector to remove or cause to be removed or to make changes or repairs as determined by the
Electrical Inspector, so as to restore such electrical equipment to a safe
condition. Failure to comply with such
notice within the time specified in such notice shall be sufficient cause
for the Electrical Inspector to
disconnect or order the removal of or order the
discontinuance of the electric service to said electric equipment or to
cause the arrest of such person owning or using such electrical equipment.
(j)
Prefabricated Structures.
When prefabricated dwelling or accessory building assemblies are not readily
accessible so as to permit local inspection at the building site, a third party
shall make such inspection, in which case a registered electrical engineer of
the State of
(a)
The Electrical
Inspector may inspect any radio, television or other electronic beaming devices
in use in the City of Glendale in order to ascertain whether or not the same is
of a safe construction and condition and has been installed in a workmanlike
manner in accordance with good engineering and electrical practices.
(b)
Radio,
television or other electronic beaming devices shall conform to
regulations set forth in the Building
and Zoning Codes of the City.
(c)
Antenna
systems shall be installed and grounded in accordance with the requirements of
the Wisconsin State Electrical Code.
(d)
In case any
condition is found which might result in danger to life or property or is unsightly and in need of maintenance
and repair, the Electrical Inspector is authorized to give written notice to
the owner or operator of such antenna at his last-known address, pointing out
such condition and requiring correction of the same within five (5) days from
the date of such notice. If such conditions
are not corrected within such time, the maintenance of such unsafe or
unsightly installation by the owner or user thereof shall be unlawful, and the
owner or operator shall be subject to the penalty hereinafter prescribed. If,
in the opinion of the Electrical Inspector, such condition is so dangerous to
life and property that the immediate removal is required, the Electrical
Inspector shall remove or cause to be removed said antenna system without
further notice to the owner or operator thereof. The cost of removing the same
shall be charge-able to the owner of the property upon which it is located and shall
be certified in the proper manner to have said costs levied as special charges
against such property, and the proper officers of the City of
Emergency
generators shall be subject to the following regulations:
(a) The electrical inspector may inspect any
emergency generator in order to ascertain whether or not the same is of a safe
construction and condition, and has been installed in a workmanlike manner in
accordance with good electrical practices, and is compliant with any and all
applicable local or state codes.
(b) Emergency generators shall be located and
placed in the rear yard, and shall be set back from the side yard so as to be
within the sidelines of the footprint of the building as extended through the
backyard, and shall be as close to the rear wall of the building as reasonably
practicable. In the event that it is not
feasible to locate the emergency generator as herein required, an alternate
location may be authorized by the electrical inspector, who shall determine
such alternate location as consistent with the requirements of this section as
reasonably practicable.
Any
license issued pursuant to the provisions of this Section may be revoked upon
complaint of the Electrical Inspector in the manner following:
(a)
The Electrical
Inspector shall file his complaint with the City Clerk.
(b)
The City Clerk
shall, within thirty (30) days thereafter, schedule a hearing upon said
complaint before the Common Council, with not less than five (5) days' written
notice to the licensee and his employer, which notice shall specify the basis
of such complaint.
(c)
In the event,
upon such hearing, the Common Council or a majority of the members thereof,
shall find the licensee, for good and proper cause, disqualified to hold such
license, the Electrical Inspector shall formally revoke such license upon such
findings.
This
Article shall not be construed as assuming any liability on the part of the
City of Glendale or employees thereof for damages to anyone injured or any
property damaged or destroyed by any defect in any building or equipment, or
electrical wiring or equipment, or for any failure to take any action or give
any order under or pursuant to the provisions of this Article.
Before issuing an Electrical permit, the owner or his agent
shall pay to the Building Inspector the following fee(s). An additional 40% administrative cost shall
be added to all fees unless otherwise indicated.
(a) The schedule of permit fees to be paid
shall be as follows, and such fees shall be paid at the time the permit is
issued:
(1) Fees shall be those as established on the
Uniform Electrical Permit Application.
(2) Re-inspection
Fee $50.00
Each
(3) Failure
to Call for Inspection $50.00
First Violation
$100.00
Second Violation
$150.00 Third and Subsequent Violations
(4) Failure to Obtain Permit DOUBLE FEES
(5) No refunds once permit has been issued.
ARTICLE D
(a)
Any building
or structure hereafter erected, enlarged, altered or repaired or any use
hereafter established in violation of the provisions of the City Building Code,
the City Electrical Code and Plumbing Code (all included within the definition
of "this Chapter" for purposes of this Section), shall be deemed an
unlawful building, structure or use. The City Inspectors shall promptly report
all such violations to the City 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 of buildings in violation of this
Chapter or to cause such building, structure or use to be removed and may also
be subject to a penalty as provided in general penalty provisions in Section
1-1-7 of the Code of Ordinances. Any person who fails to obtain a building
permit before starting construction shall be charged double the regular rate
for this late filing violation. 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 City Inspectors or other City officials
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.
(b)
(1) If an inspection reveals a noncompliance
with this Chapter, the appropriate City Inspector shall notify the applicant
and the owner, in writing, of the violation to be corrected. All cited
violations shall be corrected within thirty (30) days after written
notification unless an extension of time is granted by a City Inspector.
(2) If,
after written notification, the violation is not corrected within thirty (30)
days, a stop-work order may be served on the owner or his or her representative
and a copy thereof shall be posted at the construction site. Such stop-work
order shall not be removed except by written notice of the appropriate City
Inspector after satisfactory evidence has been supplied that the cited
violation has been corrected.
(3) Each day each violation continues after
the thirty (30) day written notice period has run shall constitute a separate
offense. Nothing in this Chapter shall preclude the City from maintaining any
appropriate action to prevent or remove a violation of any provision of this
Chapter.
(4)
If any
construction or work governed by the provisions of this Chapter is commenced
prior to the issuance of a permit, double fees shall be charged.
(c)
Any person
feeling aggrieved by an order or a determination of a City Inspector may appeal
from such order or determination to the Board of Appeals, except the appeals
regarding orders or determinations under the Electrical Code shall be made to
the Electrical Examiners Committee. Those procedures customarily used to
effectuate an appeal to the Board of Appeals shall apply.
(d)
Except as may
otherwise be provided by the Statute or Ordinance, no officer, agent or
employee of the City of Glendale charged with the enforcement of this Chapter
shall render himself personally liable for any damage that may accrue to
persons or property as a result of any act required or permitted in the
discharge of his duties under this Chapter. Any suit brought against any
officer, agent or employee of the City as a result of any act required or
permitted in the discharge of his duties under this Chapter shall be defended
by the legal representative of the City until the final determination of the
proceedings therein.
15.2.1 Authority
15.2.2 Findings
and Purpose
15.2.3 Applicability
of Regulations
15.2.4 Definitions
15.2.5 Design
Criteria, Standards and Specifications for Control Measures
15.2.6 Maintenance
of Control Measures
15.2.7 Control of Erosion and
Pollutants During Land Disturbance and Development
15.2.8 Permit
Application, Control Plan and Permit Issuance
15.2.9 Inspection
15.2.10 Enforcement
15.2.11 Appeals
This
Chapter is adopted pursuant to the guidelines in Sec. 62.2345, Wis. Stats.
(a) Findings. The
Common Council finds runoff from construction sites carries a significant amount
of sediment and
other pollutants to
the waters of
the state and the City of Glendale.
(b) Purpose. It is the
purpose of this Chapter to preserve the natural resources; to protect the
quality of the waters of the state and City; and to protect and promote the health, safety and welfare of the people,
to the extent practicable by minimizing the amount of sediment and other
pollutants carried by runoff or discharge from construction sites to lakes,
streams and wetlands.
This
Chapter applies to land disturbing and land developing activities on land
within the boundaries and jurisdiction of the City and the public and private
lands subject to extraterritorial review under Ch. 236, Wis. Stats. All state
funded or conducted construction is exempt from this Chapter.
NOTE: State funded or conducted construction activities must
meet the requirements contained in the "State Plan for the Control of
Construction Erosion and Stormwater Runoff', which contains similar
requirements as contained in this Chapter, as a minimum.
(a) Agricultural Land Use.
Use of land for planting, growing, cultivating and harvesting of crops for
human or livestock consumption and pasturing or yarding of livestock.
(b)
(c)
Construction Site Control Measure. A control measure used to meet the requirements of Sec.
15-2-7(b).
(d)
Control Measure.
A practice or combination of practices to control erosion and attendant
pollution.
(e)
Control Plan.
A written description of the number, locations, sizes and other pertinent
information of control measures designed to meet the requirements of this
Chapter submitted by the applicant for review and approval by the Building
Inspector.
(f)
Erosion The
detachment and movement of soil, sediment or rock fragments by water, wind, ice
or gravity.
(g)
Land Developing Activity.
The construction of buildings, roads, parking lots, paved storage areas and
similar facilities.
(h)
Construction Activity.
Any man-made change of the land surface including removing vegetation cover,
excavating, filling and grading but not including agricultural land uses such
as planting, growing, cultivating and harvesting of crops; growing and tending
of gardens; harvesting of trees; and landscaping modifications.
(i)
Landowner.
Any person holding title to or having any interest in land.
(j)
Land User.
Any person operating, leasing, renting, or having made other arrangements with
the landowner by which the landowner authorizes uses of his land.
(k) Runoff. The
rainfall, snowmelt, or irrigation water flowing over the ground surface.
(l) Set of 1 Year Design
Storms. The following rain intensities and rain volumes or corresponding
values specific to the community for the storm duration’s of 0.5, 1, 2, 3, 6,12
and 24 hours that occur approximately one per year. The following are typical
characteristics of these one year storms for most of
Average
Storm Duration Rain
Intensity Total
Rain
(Hours) (Inches/Hour) (inches)
0 1.8 0.9
1 1.1 1.1
2 0.7 1.3
3 0.5 1.5
6 0.3 1.7
12 0.2 2.0
24 0.1 2.3
(m) Site. The entire
area included in the legal description of the land on which the land disturbing
or land development activity is proposed in the permit application.
All control measures required to
comply with this Chapter shall meet the design criteria, standards and
specifications for the control measures based on the latest edition of the
Wisconsin Construction Site Best Management Practice handbook, as published and
amended from time-to-time by the State of Wisconsin Department of Natural Resources,
and on accepted design criteria, standards and specifications identified by the
Building Inspector.
All sedimentation basins and other
control measures necessary to meet the requirements of this Chapter shall be
maintained by the applicant or subsequent landowner during the period of land
disturbance and land development of the site in a satisfactory manner to ensure
adequate performance and to prevent nuisance conditions. Maintenance of control measures shall conform
to the requirements of the approved Stormwater Management Plan for the land
development activity.
(a)
Applicability.
This Section applies to the following sites of land development or land
disturbing activities:
(1)
Those
requiring a subdivision plat approval or the construction of houses or
commercial, industrial or institutional buildings on lots of approved certified
surveys.
(2)
Those
requiring a certified survey approval or the construction of houses of
commercial, industrial or institutional buildings on lots of approved certified
surveys.
(3)
Those
involving grading, removal of protective ground cover or vegetation excavation,
land filling or other land disturbing activity affecting a surface area of four
thousand (4,000) square feet or more.
(4)
Those
involving excavation or filling or a combination of excavation and filling
affecting four hundred (400) cubic yards or more of dirt, sand or other
excavation or fill material.
(5)
Those
involving street, highway, road or bridge construction, enlargement, relocation
or reconstruction.
(6)
Those
involving the laying, repairing, replacing or enlarging of an under-ground pipe
or facility for a distance of three hundred (300) feet or more.
(7)
Those meeting
the criteria established in Section 6.5.5.
NOTE: The above applicability criteria are specifically
stated in 1983
(b)
Erosion and Other Pollutant Control Requirements. The following requirements shall be met on all sites
described in Subsection (a).
(1)
Site Dewatering.
Water pumped from the site shall be treated by temporary sedimentation basins,
grit chambers, sand filters, up-slope chambers, hydro-cyclones, swirl
concentrators, or other appropriate controls designed and used to remove
particles of one hundred (100) microns or greater for the highest dewatering
pumping rate. If the water is demonstrated to have no particles greater than
one hundred (100) microns during dewatering operations, then no control is
needed before discharge, except as determined by the Building Inspector. Water
may not be discharged in a manner that causes erosion of the site or receiving
channels.
NOTE: There are several ways to meet this particle size
performance objective, depending on the pumping rate. As an example, if the
pumping rate is very low,, (1 gal/min),
then an inclined or vertical enlargement pipe (about 8 in diameter for (1
gal/min) several feet long would be an adequate control device to restrict the
discharge of one hundred (100) micron, and larger, particles. As the pumping
rate increases, then the "device" must be enlarged. At a moderate
(100 gal/min) pumping rate, a vertical section of corrugated steel pipe, or
concrete pipe section, or other small "tank” (about 4-1/2 feet across for
a 100 gal/min pumping rate) several feet tall would be adequate. With these
pipe sections or small tanks, inlet baffles would be needed to minimize
turbulence. with very large pumping rates (10,000 gal/min), sediment
basins.(about 35 feet in diameter for a pumping rate of 10,000 gal/min) at
least three (3) feet in depth with a simple (but adequately sized) pipe outlet
would be needed. More sophisticated control devices (such as swirl
concentrators or hydro-cyclones) could be specially fabricated that would
generally be smaller than the simple sedimentation devices described above, but
they would not be required.
(2)
Waste and Material Disposal. All waste and unused building materials (including
garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly
disposed and not allowed to be carried by runoff into a receiving channel or
storm sewer system.
(3) Tracking. Each site
shall have graveled roads, access drives and parking areas of sufficient width
and length to prevent sediment from being tracked onto public or private
roadways.
(4) Drain Inlet Protection.
All storm drain inlets shall be protected with a straw bale, filter fabric, or
equivalent barrier meeting accepted design criteria, standards and
specifications.
(5)
Site Erosion Control.
The following criteria apply only to land development or land disturbing
activities that result in runoff leaving the site:
a.
Channelized
runoff from adjacent areas passing through the site shall be diverted around disturbed
areas, if practical. Otherwise, the channel shall be protected as described
below in Subsection (b)(5)c.3. Sheetflow runoff from adjacent areas greater
than ten thousand (10,000) square feet in area shall also be diverted around
disturbed areas unless shown to have resultant runoff velocities of less than
0.5 ft/sec across the disturbed area for the set of one (1) year design storms.
Diverted runoff shall be conveyed in a manner that will not erode the
conveyance and receiving channels.
NOTE: Soil and Conservation Service guidelines for allowable
velocities in different types of channels should be followed.
b.
All activities
on the site shall be conducted in a logical sequence to minimize the area of
bare soil exposed at any one time.
c. Runoff from the entire
area disturbed area on the site shall be controlled by meeting the criteria
contained in the Wisconsin Construction Site Best Management Practice Handbook,
as published and amended from time-to-time by the State of Wisconsin Department
of Natural Resources and either of the following:
NOTE: The
most restrictive criteria shall be applied.
1.
All disturbed
ground left inactive for seven (7) or more days shall be stabilized by seeding
or sodding (only available prior to September 15th) or by mulching or covering,
or other equivalent control measure.
2.
For sites with
more than ten (10) acres disturbed at one time, or if a channel originates in
the disturbed area, one or more sedimentation basins shall be constructed. Each
sedimentation basin shall have a surface area of at least one (1%) percent of
the area draining to the basin and at least three (3) feet of depth and
constructed in accordance with accepted design specifications. Sediment shall
be removed to maintain a depth of three (3) feet. The basin shall be designed
to trap sediment greater than fifteen ,(13) microns in size, based on the set
of one (1 year design storms having duration’s from 0.5 to 24 hours. The basin
discharge rate shall also be sufficiently low as to not cause erosion along the
discharge channel or the receiving water.
3.
For sites with
less than ten (10) acres disturbed at one time, filter fences, straw bales,
or equivalent control
measures shall be placed along all sideslope and downslope sides of the
site. If a channel or area of
concentrated runoff passes through the
site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.
d. Any soil or dirt storage piles containing more than ten (10)
cubic yards of material should not be located with a downslope drainage length
of less than twenty-five (25) feet to a
roadway or drainage channel. If remaining for more than seven (7) days, they
shall be stabilized by mulching, vegetative cover, tarps or other means.
Erosion from piles which will be in existence for less than seven (7) days
shall be controlled by placing straw bales or filter fence barriers around the
pile. In-street utility repair or construction soil or dirt storage piles
located closer than twenty-five (25) feet of a roadway or drainage channel must
be covered with tarps or suitable alternative control if exposed for more than
seven (7) days, and the storm drain inlets must be protected with straw bales
or other appropriate filtering barriers.
(a)
Permit Application
No landowner or land user may commence a land disturbance or land development
activity subject to this Chapter without receiving prior approval of a control
plan for the site and a permit from the Building Inspector. At least one
landowner or land user controlling or using the site and desiring to undertake
a land disturbing or land developing activity subject to this Chapter shall
submit an application for a permit and a control plan and pay an application
fee to the Building Inspector. By submitting an application, the applicant is
authorizing the Building Inspector to enter the site to obtain information
required for a review of the control plan.
(b)
Content of the Control Plan for Land Disturbing Activities
Covering More Than One Acre.
(1)
Existing Site Map.
A map of existing site conditions on a scale of at least one (1) inch equals
one hundred (100) feet showing the site and immediately adjacent areas:
a.
Site
boundaries of adjacent lands which accurately identify site location;
b.
Lakes,
streams, wetlands, channels, ditches and other water courses on and immediately
adjacent to the site. (Note: The local unit of government should identify
sensitive local waters that may need to be further addressed by the control
plan.);
c.
100 year
floodplains, flood fringes and floodways;
d.
Location of
the predominant soil types;
e.
Vegetative
cover;
f.
Location and
dimensions of stormwater drainage systems and natural drainage patterns on and
immediately adjacent to the site;
g.
Locations and
dimensions of utilities, structures, roads, highways, and paving; and
h.
Site
topography at a contour interval not to exceed five (5) feet.
(2)
Plan of Final-She Conditions. A plan of final site conditions on the same scale as the existing site map showing the
site changes.
(3)
Site Construction Plan.
A site construction plan including:
a.
Locations and
dimensions of all proposed land disturbing activities;
b.
Locations and
dimensions of all temporary soil or dirt stockpiles;
c.
Locations and
dimensions of all construction site management control measures necessary to
meet the requirements of this Chapter;
d.
Schedule of
anticipated starting and completion date of each land disturbing or land
developing activity including the installation of construction site control
measures needed to meet the requirements of this Chapter; and
e.
Provisions of
maintenance of the construction site control measures during construction.
(c)
Content of Control Plan Statement for Land Disturbing
Activities Covering Less Than One Acre, But Meeting the Applicability Requirements
Stated Sec. 15-2-7(a). An erosion control plan statement (with simple map)
shall be submitted to briefly describe the site and erosion controls (including
the site development schedule) that will be used to meet the requirements of
the Chapter.
(d)
Review of Control Plan.
Within forty-five (45) days of receipt of the application, control plan (or
control plan statement), and fee, the Building Inspector shall review the
application and control plan to determine if the requirements of this Chapter
are met. The Building Inspector shall approve the plan, inform the applicant
and issue a permit. If the conditions are not met, the Building Inspector shall
inform the applicant in writing and may either require needed information or
disapprove the plan. Within thirty (30) days of receipt of needed information,
the Building Inspector shall again determine if the plan meets the requirements
of this Chapter. If the plan ~s disapproved, the Building Inspector shall
inform the applicant m writing of the reasons for the disapproval.
(e)
Permits.
(1)
Duration. Permits shall be valid for a period one hundred eighty
(80) days, or the length of the building permit or other construction
authorizations, whichever is longer, from the date of issuance. The Building
Inspector may extend the period one or more times for up to an additional one hundred eighty (180) days. The Building
Inspector may require additional control
measures as a condition of the extension if they are necessary to meet the requirements of this
Chapter.
(2)
Surety Bond. As a condition of approval and issuance of the permit, the
Building Inspector may require the applicant to deposit a surety bond or
irrevocable letter of credit to guarantee a good faith execution of the
approved control plan and any permit conditions.
(3)
Permit
Conditions. All permits shall
require the permittee to:
a.
Notify the
Building Inspector within forty-eight (48) hours of commencing any land
disturbing activity;
b.
Notify the
Building Inspector of completion of any control measures within fourteen (14)
days after their installation;
c.
Obtain
permission in writing from the Building Inspector prior to modifying the
control plan;
d.
Install all
control measures as identified in the approved control plan;
e.
Maintain all
road drainage systems, stormwater drainage systems, control measures and other
facilities identified in the control plan;
f.
Repair any
situation or erosion damage to adjoining surfaces and drainageways resulting
from land developing or disturbing activities;
g.
Inspect the
construction control measures after each rain of 0.5 inches or more and at
least once each week and make needed repairs;
h.
Allow the
Building Inspector to .enter, the site for. the. purpose of inspecting compliance
with the control plan or for
performing any work necessary to bring
the site into compliance with the control plan; and
i.
Keep a copy of
the control plan on the site.
The
Building Inspector shall inspect construction sites at least once a month
during the period starting March 1 and ending October 31 and at least two (2)
times during the period starting November 1 and ending February 28 to ensure
compliance with the control plan. If
land disturbing or land development activities are being carried out without a
permit, the Building Inspector shall enter the land pursuant to provisions of
Sections 66.122 and 66.123, Wis. Stats.
(a)
The Building
Inspector may post a stop-work order if:
(1)
Any land
disturbing or land developing activity regulated under this Chapter is being
undertaken without a permit;
(2)
The control
plan is not being 'implemented in a good faith manner; or
(3)
The conditions
of the permit are not being met.
(b)
If the
permittee does not cease the activity or comply with the control plan or permit
conditions within ten (10) days, the Building Inspector may revoke the permit.
(c)
If the
landowner or land user where no permit has been issued does not cease the
activity within ten (10) days, the Building Inspector may request the City
Attorney to obtain a cease and desist order.
(d)
The Building
Inspector or the Board of Appeals upon appeal may retract the stop-work order
or the revocation.
(e)
Ten (10) days
after posting a stop-work order, the Building Inspector may issue a notice of
intent to the permittee or landowner or land user of the Building Inspector's
intent to perform work necessary to comply with this Chapter. The Building
Inspector may go on the land and commence the work after fourteen (14) day.
from issuing the notice of intent. The costs of the work performed by the
Building Inspector, plus interest at the rate authorized by the Building
Inspector shall be billed to the permittee or the landowner. In the event a
permittee or landowner fails to pay the amount due, the City Clerk shall enter
the amount due on the tax rolls and collect as a special assessment against
the property pursuant to Section
66.60(16), Wis. Stats. Any person violating any of e provisions of this Chapter shall be subject
to a forfeiture as provided in Section 1-1-7.
Each day a violation exists shall constitute a separate offense.
(f)
Compliance
with the provisions of this Chapter may also be enforced by injunction.
(a) Appeals. The Board
of Appeals shall hear and decide appeals where it is alleged there is error in
any order, decision or determination made by the Building Inspector in
administering this Chapter. Upon appeal,
the Board of Appeals may authorize variances from the provisions of this
Chapter which are not contrary to the public interest and where owning to
special conditions a literal enforcement of the provisions of this Chapter will
result in unnecessary hardship. The Board of Appeals shall use the rules,
procedures, duties and powers authorized by statute for zoning boards of
appeals in hearing and deciding appeals and authorizing variances.
(b) Who May Appeal Any
applicant, permittee, landowner or land user may appeal any order, decision or
determination made by the Building Inspector in administering this Chapter.
15.3.1 Statement on Fair
Housing
15.3.2 Definitions as Used in
This Chapter
15.3.3 Unlawful Practices
15.3.4 Exemptions
15.3.5 Enforcement
It
is hereby declared to be the policy of the City of
State
Law Reference: Section 66.432,
(a)
Dwelling. Any
building, structure, or portion thereof which is occupied as, or designed for
occupancy as, a residence by one or more families, and any vacant land which is
offered for sale or lease for the construction thereof of any such buildings or
structure.