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An Ordinance to Repeal and Recreate Sections 13.05, 13.06, and 13.07, Create Section 13.075 and Amend Section 13.255 of the Revised Municipal Code Pertaining to Permits & Inspections and the Establishment of an HVAC Affidavit Permit
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PART I. Sections 13.05, 13.06, and 13.07 of the Revised Municipal Code are hereby repealed and recreated to read as follows:
Chapter XIII BUILDING CODE.
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13.05 Permits.
(1) Permits Required.
(a) Required. Any owner or authorized agent who intends to construct, alter, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Department of Building Inspections and obtain the required permit(s). The owner of a property is ultimately responsible for securing required permits and complying with the Notice or Order from the inspector pertaining to securing permits. The type of work requiring a permit includes, but is not limited to: new buildings or structures or additions thereto; exterior and interior building and/or structural remodeling; moving or demolition of buildings or structures; accessory and garage buildings and slab or foundation/slab for future accessory building construction; swimming pools; mobile homes; fences; heating and ventilating equipment installation; other equipment to comply with installation codes; advertising or sign structures as stated in the sign code; soil erosion control; electrical work per Chapter 14; and plumbing work per Chapter 16.
(2) No Permit Required.
(a) Repairs. No permit is required for repairs and minor alterations that do not change the occupancy, life safety, area, structural strength, fire protection, egress or exiting system, lights, or ventilation of the building.
(b) One Story Storage and Other Outdoor Structures. No permit is required for tool or storage sheds, play structures and similar, provided the floor area is 120 sq. ft. or less in area and the height of the structure is 12 ft. or less. All work excepted from a permit shall conform to applicable zoning and building code requirements. These building structures shall be located on a solid, continuous, monolithic, concrete or blacktop base and anchored to prevent uplift.
(c) Exterior Site Improvements. No permit is required for retaining walls less than five (5) feet in height, walks, driveways and/or other similar improvements. Outdoor patio areas and similar concrete, brick, or hard surfaced areas shall also be exempted from permit requirements.
(d) Roofing Repairs. No permit shall be required for roof repairs except when the repair involves structural changes. Roofing materials, including sheathing, felts, and insulation may be replaced without a permit. Two layers of roofing are permitted on any roof.
(e) Window Replacement and Awnings. For residential one- or two-family use properties, no permit is required to replace existing windows of the same dimension in the original opening and no permit is required for awnings supported by an exterior wall.
(f) Siding. For residential one-or two-family use properties no permit is required to install siding materials over existing siding on an existing dwelling or accessory structure.
(g) Low Level Deck, No Roof: For existing one-or two-family use properties constructed prior to June 1, 1980, no building permit is required for a wood framed deck that: is not part of a required accessible route; is less than 201 square feet in area; is less than 24 inches from grade to the floor at all points around the perimeter; does not have a roof; and is not located in a yard area abutting a street. No addition shall be allowed to this structure, whether vertical or horizontal. Two-family use properties, although exempted from permit requirements, are subject to site, landscaping, and architectural review by the Plan Commission per Section 12.13.
(h) Other Work. No permit shall be required for painting or papering or for replacing tiling, carpeting, cabinetry, countertops, or other similar work.
(3) Code Compliance. All work, including work exempted from permit requirements, shall conform to all applicable construction code requirements unless otherwise stated. An inspector may require a permit to be issued for repairs ordered for code compliance.
(4) Permit Required Before Commencing Work. The property owner shall not allow the performance of any work requiring a permit without first making application for and being issued a permit. It shall be unlawful to do any work without a permit except as regulated in (2) above. Any work commenced prior to permit issuance may be subject to increased permit fees as stated in the permit fee schedules.
(5) Emergency Work. Emergency work may be allowed when the permit application is filed within the next working day. The inspector shall be notified when emergency work is to commence prior to permit application.
(6) Stop Work Order.
(a) Whenever the inspector finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the inspector is authorized to issue a stop work order.
(b) The stop work order shall be in writing and be issued by posting on the premises. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order.
(c) Any person who shall continue any work after issuance of a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, is subject to penalties as prescribed by this code.
(d) Any person removing a stop work order without the authorization of the inspector is subject to penalties as prescribed by this Code.
13.06 Permit Application and Issuance.
(1) Application. Any owner of a premises, or person desiring a permit as required by this code shall file with the Inspector an application in writing on a form furnished for such purpose. Every application shall describe the land on which the proposed work is to be done by legal description, street address, or similar, that will readily identify the proposed building or work. Every application shall describe the use of the property, the construction to be done, the use or occupancy for which the proposed work is intended, the estimated cost of the construction, and any other reasonable information as may be required by the Inspector. The application shall be accompanied by plans, drawings, specifications, engineering details, and other information as required to provide sufficient detail for review in the issuance of a building permit. Application materials shall include, but not be limited to, when applicable: detailed and to scale footing, foundation, wall, floor, and roof plans; exterior elevation plans; floor plans indicating exits, windows, and room uses; section details of construction; itemized structural loads and calculations; equipment information; and other information as may be necessary to review an application and issue a permit.
(2) Cost of Construction. The applicant for a permit shall provide an estimated cost of construction at the time of application. Cost estimates shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment, and permanent systems. The estimated cost of construction may be set by the building inspector.
(3) Survey Submittal. Whenever the proposed construction is for a new building or structure, or for an addition to an existing building or structure, the application shall include an accurate plat of survey containing the stamp of a licensed State of Wisconsin Surveyor. The survey shall include, but not be limited to: the legal description of the lot or parcel of land as obtained from official records; the date of the survey; a scaled drawing of the parcel of land showing lot dimensions; the exact location of existing buildings and structures on the parcel of land at the time of the survey; the exact dimensions of buildings and structures and the distances to lot lines and between buildings and structures. Similarly, the proposed addition to a building or structure is to be shown on the survey.
(a) An existing, accurate and proper survey of the property may be used for permit application, with scaled additional information drawn thereon by any person. The Building Inspector may require a new survey if any information is suspect in the opinion of the Building Inspector.
(b) The Building Inspector may allow the submittal of a scaled site plan in substitution of a plat of survey for permit applications for uncovered decks, platforms, stoops, sheds, and other property improvements not excepted from permitting requirements. The site plan shall contain the information as required for a survey submittal, but not require a surveyor's stamp.
(4) Submittal Documents. Construction documents shall be submitted with the application and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed, and show in detail that it will conform to the provisions of the construction codes, as determined by the inspector.
(a) One and Two-Family Use Construction. Three complete sets of construction documents shall be submitted with the application form for one- or two-family use properties.
(b) Multi-Family, Commercial, and Other. Four complete sets of construction documents shall be submitted with the application form for construction work associated with non-one or two-family use properties. These types of construction projects require submittal of documents prepared by a registered design professional in accordance with the State of Wisconsin Commercial Building Code.
(5) Waiver of Plans. The Building Inspector may waive the filing of plans, a survey, and/or site plan submittal requirements for construction projects if, in the opinion of the Inspector, the character of the work is sufficiently described in the application.
(6) Application Review for Setting Grade. All initially constructed one- and two- family dwellings hereafter erected shall be set at a grade providing at least twelve (12) inch pitch from the building to the front lot line. The permit application shall be reviewed by the City Engineering Department, which shall establish the grade line. Denial of a permit for noncompliance with the grade dimensions may be appealed to the Board of Appeals, which may grant relief from hardship by reason of terrain and other unusual circumstances.
(7) Roadway, Water, Sanitary and Storm Sewer Requirements. No permit will be issued for the erection of a building upon a lot within the corporate limits of the City unless the lot abuts upon a passable, hard paved surfaced roadway which will allow proper and ready access for fire, police, and other municipal services and equipment, nor shall a permit be issued unless there are available abutting such lot public water, sanitary, and storm sewer facilities for utility connection. The storm sewer connection may be conditionally waived where storm sewer is not readily available as a lateral into the lot or the main does not abut the lot being developed. The waiver shall not allow surface storm water run-off from impervious areas and/or sump discharges to cause a nuisance to the public right-of-way or to abutting properties.
(8) Zoning Approval. All building permit applications shall be reviewed for compliance with the Zoning Code.
(9) Fire and Health Department Review. One set of plans submitted for a building permit for other than one-or two-family use properties shall be sent to the Fire and/or Health Department when required. Processing and issuance of the permit is not contingent upon Fire/Health Department approval(s).
(10) Action on Application. The inspector shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the inspector shall reject such application in writing, stating the reasons therefore. If the inspector is satisfied that the information and construction documents submitted for the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the inspector shall approve the permit to be issued as soon as practicable.
(11) Approval of Construction Documents. When the inspector approves an application for permit issuance, the construction documents shall be approved in writing or by stamp as "conditionally approved". One set of construction documents so reviewed shall be retained by the Building Inspection Department. One set shall be returned to the applicant at the issuance of the permit and it shall be kept at the site of work and open to inspection by the inspector or his authorized representative.
(12) Holding Permit Issuance. Permit issuance may be held for the compliance with conditions that may be applied in the application review process by the Planning Division, the Plan Commission, the Engineering Department, the Fire Department, the City Attorney's Office, and/or the Common Council.
(13) Payment of Fee, Valid Permit. The fees for permits shall be assessed in accordance with the fee schedules of the Building Code (Chapter 13), Electrical Code (Chapter 14), and Plumbing Code (Chapter 16), and payable at the time a permit is issued. A permit shall not be valid until the fee is paid and the permit number assigned.
(14) Approved Construction Documents. Work shall be installed in accordance with the approved construction documents. Any changes made during construction shall be resubmitted for approval. The inspector may assess a fee for re-submittal in accordance with the applicable fee schedule.
(15) Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the inspector is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing with cause stated.
(16) Expiration of Permit. If any construction for which a permit has been issued is not started within 180 days from the date of issuance of the permit, or if construction is suspended or abandoned for more than 180 days, then the permit shall lapse and be void and no construction shall commence or resume until a permit is obtained. The inspector shall notify permit holders in writing when a permit becomes void. The building inspector shall make the final decision as to if permitted work has been suspended or abandoned.
(a) An initial extension of time without an additional fee may be allowed by the inspector if the permit holder provides the inspector with a written request for an extension within 30 days of notification that the permit has become void. An extension, not exceeding three (3) months may be granted. One additional extension of time may be granted if circumstances warrant and the fee to reinstate a building permit is paid in accordance with the fee schedule.
(b) A building permit shall expire two (2) years from the date of issuance and three (3) years from issuance for a structure over 100,000 square feet. If the work authorized by a permit is not completed at the end of the two-year or three-year period, as the case may be, the permit may be renewed for an additional period of time at the discretion of the Director of the Department of Building Inspections and Zoning.
(17) Revocation of Permit. If, at any time, ordinances, laws, orders, plans, and specifications are not being complied with, the inspector may revoke the permit by written notice to the property owner and placarding of the property. When any such permit is revoked, it shall be unlawful to do any further work upon such building or premises until a new permit is issued, excepting such work as the Inspector shall order to be done to make the site safe or as a condition precedent to the issuance of a new permit.
(18) Suspension of Permit. The inspector is authorized to suspend a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. When a permit is suspended it shall be unlawful to do any further work unless authorized by the inspector.
(19) Validity of Permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data.
(20) Refunds. A refund of fees paid may be allowed in accordance with the applicable fee schedule.
(21) Access. Upon issuance of a permit, the property owner shall allow the inspector reasonable access to the property for inspection for code compliance.
13.07 Inspections.
(1) General. Construction or work for which a permit is required shall be subject to inspection and such construction or work shall remain accessible and exposed for inspection purposes until approved. The inspector may inspect the work or allow construction to proceed without an inspection. The work may also be inspected at intervals approved by the inspector. Inspection approval shall not presume to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction. It shall be the duty of the contractor or owner to cause the work to remain accessible and exposed for inspection purposes. Neither the inspector nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
(2) Administrative Approval. The Director of Building Inspections may defer certain inspections within administrative procedures.
(3) Preliminary Inspection. Before issuing a permit, the inspector is authorized to examine or cause to be examined buildings, structures, and sites for which an application has been filed.
(4) Inspections. The inspector shall be notified when the following work is ready for inspection.
(a) Footing or Foundation Inspection. Footing and foundation inspection after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the slab or foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
(b) Concrete Slab or Under-Floor Inspection. Concrete slab and under-floor inspection after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping, accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the sub-floor.
(c) Reinforcing Steel Inspection. An inspection of all reinforcing steel when in place and before concealment.
(d) Framing Inspection. Framing inspection of floors and walls after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires & pipes have been approved by the electrical and plumbing inspectors. Framing inspection approval is required prior to concealment by finish floor or wall materials.
(e) Insulation Inspection. An inspection of spaces of installed insulation or barriers or energy efficiency materials.
(f) Ceiling Inspection. As required for framing inspection.
(g) Fire Resistant Penetrations, Firewalls Inspection. When installed and before further enclosure.
(h) Equipment Inspection. All equipment, to include but not limited to HVAC and associated mechanical and duct work.
(i) Other Inspections. In addition to the inspections specified above, the inspector is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department.
(j) Final Inspection. Final inspection made after all work associated with an issued permit is completed.
(5) Inspection Requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the inspector when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspection of such work for any inspections made by the inspector.
(6) Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the inspector. The inspector, upon notification, may make the requested inspection and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder where the same fails to comply with this code. Any inspections that do not comply with the code shall be corrected to comply with the Code. The inspector shall be notified when compliance is made and such portion may be re-inspected by the inspector.
(7) Construction Under the UDC. Inspections listed in the State of Wisconsin Department of Commerce Uniform Dwelling Code for dwellings constructed after June 1, 1980 shall be required by this code and performed by the building inspector.
(8) Inspection Record Card. An Inspection Record Card may be issued with a building permit. The contractor or property owner shall post the card for the inspector's signature/approval. The contractor or property owner shall request inspections as indicated on the inspection record card.
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PART II. Section 13.075 of the Revised Municipal Code is hereby created to read as follows:
13.075 One or Two-Family HVAC Affidavit Permit and Inspection.
(1) Certified HVAC Contractor. For single or two-family use residences originally constructed prior to June 1, 1980, an HVAC Affidavit Building Permit may be issued for the installation of a replacement furnace or air conditioner to a contractor who is registered by the State of Wisconsin as an HVAC contractor and deemed to be a certified HVAC business, having a person employed with an HVAC qualifier certification per the State of Wisconsin Department of Commerce Administrative Code COMM 5.70 and 5.71. The permit application shall be signed by the person so employed by the contracting firm. The signature on this permit application shall affirm and certify that the installation will conform to all applicable regulations and the work will be performed in a safe, legal, and workmanlike manner.
(2) Inspection. The permit will not require an inspection but the inspector may periodically review contractor work for code compliance.
(3) Permit Fee Reduced. The fee for a building HVAC permit shall be reduced from that of a regular issued HVAC permit. The fee shall be in accordance with the fee schedule.
(4) Contractor Registration. Contractors securing a building HVAC Affidavit Building Permit shall file certification credentials with the Department of Building Inspections that list the person(s) employed with the qualifier certification and authorized to sign permit applications. Registration allows permit processing without delay.
(5) Other Installers. For other than a Certified HVAC Contractor, a property owner or agent for the property owner may secure a building HVAC permit in accordance with the permit, fee, and inspection requirements of this code.
PART III. Section 13.255 of the Revised Municipal Code is hereby amended to read as follows:
13.255 Permit Fees.
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(2) Building permits associated with one- and two-family residential use properties and mobile homes:
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(l) Air Conditioning, heating, incinerator units, wood or gas appliances and other.
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(3) HVAC Affidavit Building Permit for replacement of a furnace and/or air conditioner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00/residential unit
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PART IV. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART V. This ordinance shall take effect and be in force from and after its passage and publication.