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Chapter 15. Buildings and Building Regulations

Sec. 15-52. State uniform dwelling code.

(1) Adopted. The provisions and regulations of the state uniform dwelling code adopted by the Department of Safety and Professional Services as set forth in the Wisconsin Administrative Code, SPS chapters 320—325, inclusive, and SPS chapter 328 are hereby made a part of this chapter by reference provided that where the provisions of this chapter are more restrictive or require higher standards than the state code, not in conflict with the minimum requirements thereof,the provisions of this chapter shall apply. Any act required to be performed, or prohibited by an administrative code provision incorporated in this section by reference is required or prohibited by this Code. Any future amendments, revisions or modifications of the administrative code provisions incorporated in this section are intended to be made a part of this Code to secure uniform statewide regulation of one-and two-family dwellings in the city. A copy of these administrative code provisions and any future amendments shall be kept on file in the city clerk's office.

(2) Purpose. The purpose and intent of this section is to:

  1. Exercise jurisdiction over the construction and inspection of new one- and two-family dwellings and repairs, alterations and remodeling to one- and two-family dwellings constructed before June 1, 1980.
  2. Provide plan review and on-site inspections of one- and two-family dwellings by inspectors certified by the department of commerce.
  3. Establish use of the Wisconsin uniform building permit for one- and two-family construction and additions to one- and two-family buildings constructed after June 1, 1980, as prescribed by the Wisconsin Department of Safety and Professional Services.
  4. Establish remedies and penalties for violations.
  5. Establish use of the Wisconsin uniform building permit as prescribed by the Department of Safety and Professional Services.
  6. The requirements of the state uniform dwelling code shall also apply to remodeling, repairs, alterations and additions to one- and two-family dwellings constructed prior to June 1, 1980, except that the following provisions of the Wisconsin Administrative Code shall not apply to remodeling, repair and alterations to one- and two-family structures constructed prior to June 1, 1980: SPS ch. 320 and SPS §§ 321.03(6), 321.03(8), 321.05, 321.05(3), 321.06, and 323.06(3).

(3) Method of enforcement. The building services supervisor shall administer and enforce the provisions of this section and the uniform dwelling code. He shall be certified for inspection purposes by the department in SPS chapters 320—325 of the Wisconsin Administrative Code. The plumbing inspector shall assist the building services supervisor in administering and enforcing those provisions which pertain to plumbing, and he shall be certified by the Department of Safety and Professional Services in that category. The electrical inspector shall also assist the building services supervisor administering and enforcing those provisions which pertain to electricity, and he shall be certified by the Department of Safety and Professional Services in that category.

(4) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Addition means new construction performed on a dwelling which increases the outside dimensions of the dwelling.

Alteration means a substantial change or modification other than an addition or minor repair to a dwelling or to systems involved within a dwelling.

Department means the Department of Safety & Proffessional Services.

Dwelling means:

  1. Any building, the initial construction of which is commenced on or after June 4, 1980, which contains one or two dwelling units.
  2. An existing structure, or that part of an existing structure, which is used or intended to be used as a one- or two-family dwelling.

One- or two-family dwelling means a building or 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.

Person means an individual, partnership, firm or corporation.

Uniform dwelling code means administrative code provisions and any future amendments, revisions or modifications thereto, contained in the following chapters of the Wisconsin Administrative Code:

SPS chapter 320Administration and Enforcement
SPS chapter 321Construction Standards
SPS chapter 322Energy Conservation Standards
SPS chapter 323Heating, Ventilating and Air Conditioning Standards
SPS chapter 324Electrical Standards
SPS chapter 325Plumbing and Potable Water Standards

(5) Building permits. Building permits shall be required as follows:

  1. Building permits required. No one- or two-family dwelling of which initial construction shall be commenced after the effective date of the ordinance from which this section derives shall be built, enlarged, altered, or repaired unless a building permit for that work shall first be obtained by the owner, or his agent, from the building services supervisor. Application for a building permit shall be made in writing on theWisconsin uniform dwelling permit application and shall comply with provisions of section 15-02 of this Code.
  2. Submission of plans. The applicant shall submit two sets of plans for all new construction or repairs or additions to existing one- and two-family dwellings at the time that the building permit application is filed.

(6) Violation and penalties. Penalties for violations shall be as follows:

  1. If an inspection reveals a noncompliance with this section or the uniform dwelling code, the building services supervisor shall notify the applicant and the owner, in writing, of the violations to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted pursuant to SPS 320.10(1)(c) Wis. Admin. Code.
  2. If, after written notification, the violation is not corrected within 30 days, a stop work order may be served on the owner or his 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 building services supervisor after satisfactory evidence has been supplied that the cited violation has been corrected.
  3. 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.

(7) Appeal to board of appeals. Any person feeling aggrieved by an order or a determination of the building services supervisor may appeal from such order or determination to the building code board of appeals, as provided at section 15-13 of this chapter.

(Code 1982, 14.16; Ord. No. 1220, 1, 2-28-2012)