Section Chapter 9 Building Code
CHAPTER 9. BUILDING CODE
Article 1. Building Regulations
Article 2. Supplemental Building Regulations
Article 3. Construction Site Erosion Control
Article 4. Sign Code
Article 5. Electrical Code
Article 6. Plumbing Code
Article 7. Housing Code
Article 8. Appeals and Penalties
ARTICLE 1. BUILDING REGULATIONS
Section 9-101 Adoption of Wisconsin Uniform Building Code
Section 9-102 Code Filed in Clerk's Office
Section 9-103 One-and-Two-Family Dwelling Code
Section 9-104 Historic Properties
Section 9-101 Adoption of Wisconsin Uniform Building Code
The Wisconsin Uniform Building Code, as revised in 1981 and acts amendatory thereto and supplementary thereof, are hereby incorporated by reference and adopted and created as the Building Code of the Village of Shorewood, subject to the following provisions and additions:
A. Wherever applicable, the provisions and procedures set forth in the Wisconsin Uniform Building Code shall apply to the design, construction, repair, alteration, demolition, moving and occupancy of all buildings and structures in the Village of Shorewood, subject to the provisions of the Wisconsin Administrative Building Code and the rules and regulations established thereunder.
B. The Wisconsin Uniform Building Code, as incorporated by reference in the Shorewood Building Regulations, is hereby modified to include the following definitions:
1. DWELLING UNIT shall mean a suite of habitable rooms occupied by not more than one family, as a residence.
2. FAMILY shall mean an individual, or two or more persons related by blood, marriage or legal adoption, or a group of not more than three persons who need not be related by blood, marriage or legal adoption, living together in a dwelling unit; included within the definition of a family shall be children placed with a family in a dwelling unit under the provisions of Ch. 48, Wis. Stats., whereby a foster home license is issued, provided that the number of children shall not exceed four, unless all are in the relationship to each other of brother or sister.
C. Where the provisions of the Wisconsin Uniform Building Code are in conflict with any provisions of Chapter 9 of the Shorewood Building Code, the provisions of the Shorewood Building Code shall govern.
Section 9-102 Code Filed in Clerk's Office
A copy of the Wisconsin Uniform Building Code shall be permanently on file and open to public inspection in the Office of the Village Clerk from and after the adoption of this ordinance.
Section 9-103 One-and-Two-Family Dwelling Code
A. Definitions
1. ADDITION. Addition means new construction performed on a dwelling which increases the outside dimensions of the dwelling.
2. ALTERATION. Alteration means a substantial change or modification other than an addition or minor repair to a dwelling or to systems involved within a dwelling.
3. CUBIC CONTENT. Cubic content means that volume of dwelling enclosed by the outer surface of exterior walls from the top of the footing to the roof.
4. DEPARTMENT. Department means the Department of Industry, Labor and Human Relations.
5. DWELLING. Dwelling means any building, the initial construction of which is commenced on or after the effective date of this ordinance, which contains one or two dwelling units.
6. MINOR REPAIR. Minor repair means repair performed for maintenance or replacement purposes on any existing one-or-two-family dwelling which does not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection, or exterior aesthetic appearance, and which does not increase a given occupancy and use. No building permit is required for work to be performed which is deemed minor repair.
7. ONE-OR-TWO-FAMILY DWELLING. One-or-Two Family Dwelling means a building structure which contains one or separate households intended to be used as a home, residence or sleeping place by an individual or by two or more individuals maintaining a common household, to the exclusion of all others.
8. PERSON. Person means an individual, partnership, firm or corporation.
9. UNIFORM DWELLING CODE. Uniform Dwelling Code means those Administrative Code provisions, and any future amendments, revisions or modifications thereto, contained in the following chapters of the Wisconsin Administrative Code:
Chapter ILHR 20 -- Administration and Enforcement
Chapter ILHR 21 -- Constructions Standards
Chapter ILHR 22 -- Energy Conservation Standards
Chapter ILHR 23 -- Heating, Ventilating and Air Conditioning Standards
Chapter ILHR 24 -- Electrical Standards
Chapter ILHR 25 -- Plumbing and Potable Water Standards
B. Method of Enforcement
For the purpose of administering and enforcing the provisions of this section and the Uniform Dwelling Code, the Village designates and authorizes the Department of Community Development of the Village to assume the duties and responsibilities of such administration and enforcement within the Village.
C. Director of Community Development
1. Certification. The Director of Community Development, or his designee, shall be certified for inspection purposes by the department in each of the categories specified under Section ILHR 26.06 Wisconsin Administrative Code, and by the Department of Health and Social Services in the category of plumbing.
2. Subordinates. The Director of Community Development may designate, as necessary, subordinates to inspect buildings within the Village after each subordinate obtains certification by the Department under Chapter ILHR 26, Wisconsin Administrative Code.
3. Duties. The Director of Community Development shall administer and enforce all of the provisions of this section and the Uniform Dwelling Code.
4. Powers. The Director of Community Development, or an authorized, certified agent of the Village, may, at all reasonable hours, enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Director of Community Development or his agent while in the performance of his duties.
5. Records. The Director of Community Development shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. He shall cause the keeping of a record of all applications
for building permits and shall regularly number each permit in the order of its issue, together with a record showing the number, description and size of all buildings erected, the kinds of materials used, the cost of each building and the aggregate cost of all one-and-two-family dwellings.
D. Building Permits
1. Building Permits Required. No one-or-two-family dwelling of which initial construction shall be commenced after the first day of June, 1980 shall be built, enlarged, or altered, or repaired unless a building permit for that work shall first be obtained by the owner or his agent from the Director of Community Development or his designee. Application for a building permit shall be made in writing upon that form designated as the Wisconsin Uniform Dwelling Permit Application furnished by the Department of Industry, Labor and Human Relations.
2. Repairs and Additions Requiring Permit. No addition, alteration or repair to any one-or-two-family dwelling constructed after June 1, 1980 not deemed a minor repair by the Director of Community Development, shall be undertaken unless a building permit for this work shall first be obtained by the owner or his agent from the Director of Community Development.
3. Submission of Plans. The applicant shall submit three sets of plans for all new, or repairs or additions to, one-and-two-family dwellings constructed after June 1, 1980 at the time that the building permit application is filed.
4. Issuance of Permit. If the Director of Community Development finds that the proposed building or repair or addition complies with all Village ordinances and the Uniform Dwelling Code, the Director shall officially approve the application and a building permit shall be subsequently issued to the applicant. The issued building permit shall be posted in a conspicuous place at the building site. A copy of any issued building permit shall be kept on file in the office of the Director of Community Development.
E. Fees for Building Permits and Inspections
At the time the application for a building permit is filed, the applicant shall pay the fees as enumerated in Section 5-902B of the Village Code.
(Ord. 1553, 5/15/89)
F. Violation and Penalties
1. No person shall erect, use, occupy or maintain any one-or-two-family dwelling in violation of any provision of this section or the Uniform Dwelling Code or cause to permit any such violation to be committed. Any
person violating any of the provisions of this section shall, upon conviction, be subject to a forfeiture of not less than $10.00 nor more than $500.00, together with the costs of prosecution and if in default of payment thereof, shall be imprisoned for a period of not less than one day or more than six months or until such forfeiture and costs are paid.
2. If an inspection reveals a non-compliance with this section or the Uniform Dwelling Code, the Director of Community Development or his designee, shall notify the applicant and the owner, in writing, of the violation(s) to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted pursuant to Section ILHR 20.10(1)(c), Wisconsin Administrative Code.
3. If, after written notification, the violation is not corrected within 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 Director of Community Development or his designee after satisfactory evidence has been supplied that the cited violation has been corrected.
4. Each day each violation continues after the 30-day written notice period has run shall constitute a separate offense. Nothing in this section shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this section, or the Uniform Dwelling Code.
5. If any construction or work governed by the provisions of this section or the Uniform Dwelling Code is commenced prior to the issuance of a permit, double fees shall be charged.
Section 9-104 Historic Properties
A. Definitions
1. "Historic Property" shall mean any building that is listed on the National Register of Historic Places by the United States Department of Interior or the State Register of Historic Places as maintained by the State Historical Society of Wisconsin and located within the Village of Shorewood.
(Ord 1724, 12/4/95)
B. Permit Required
1. No historic property shall be enlarged, altered or modified unless a permit shall first be obtained by the owner or the owner's agent from the Director of the Department of Community Development or the Director's designee. Applications for such a permit shall be in writing and upon an application form provided by the Department of Community Development.
2. Alterations or modifications requiring permit. No addition, alteration or modification to any historic property not deemed a minor repair by the Director of the Department of Community Development shall be undertaken without the permit described herein.
3. Submission of plans. In addition to or as a part of the plans for additions, alterations or modifications as described in Shorewood Ordinance 9-103(D)(3) any applicant for a permit for additions, alterations or modifications to a historic property shall also at the time the permit application is filed submit three sets of plans describing how the proposal shall undertake to preserve and to minimize detrimental impacts upon historical or architectural characteristics.
4. Issuance of permit. If the Director of the Department of Community Development or the Director's designee finds the proposed addition, alteration or modification complies with other Village ordinances and does not adversely affect, detrimentally change or destroy historically or architecturally significant external features of the building upon which the work is to be done, the Director shall approve the application and a historic property permit shall be issued to the applicant. The issued permit shall be posted in a conspicuous place next to the building permit at the building site. A copy of any issued historic property permit shall be kept on file in the office of the Director of Community Development.
6. The permit required under this section shall be in addition to any other permits required under Shorewood Ordinances.
7. Razing or Removal.
a. Consistent with the standards as contained in these Sections, the procedures as described in Section 9-104(B)(1) through 9-104(B)(5) for the application and issuance of a permit shall also be required and applicable before any building or structure included in a “historic property” listing is demolished or razed;
b. The Director of Community Development or the Director’s Designee shall approve the application for the razing or removal of a building or structure included in a “historic property” listing and the permit to raze shall be issued to the applicant if the Director finds that the razing or removal is otherwise consistent with other Village ordinances and upon a finding based upon one or more of the following criteria:
(1) the building has ceased to meet the criteria for listing in the State or National Register because the qualities which caused it to be originally listed have been lost or destroyed;
(2) additional information shows that the property does not meet the State or National Register criteria for evaluation;
(3) an error in professional judgment has been disclosed as to whether the property meets the criteria for evaluation; or
(4) a prejudicial procedural error in the nomination or listing process has been disclosed.
The issued permit shall be posted in a conspicuous place next to the demolition site and a copy shall be kept on file in the office of the Director of Community Development;
c. The Village shall give notice to the Wisconsin State Historical Society within 10 days of the issuance of a permit to raze or remove per this subsection;
d. No such building or structure to which this section applies may be razed or removed within 40 days after the permit is issued. During this period the Wisconsin State Historical Society may ask the permit holder for access to the building or structure to create or preserve an historic record. (Ord 1823, 11/5/2001)
C. Fees for Historic Property Permit
At the time the application for the historic property permit is filed, the applicant shall pay the fees as enumerated in Sec. 5-902(B) of the Shorewood Village Code.