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Ordinance to repeal and recreate subsection 13.05 of the City of West Allis Revised Municipal Code, Chapter 13, Building Code relative to Required Building Permits.
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The Common Council of the City of West Allis do ordain as follows:
PART I. Subsection 13.05 of the City of West Allis Revised Municipal Code is hereby repealed and recreated to read as follows:
13.05 Permits.
(1) Permits Required: Unless a permit is specifically not required through this Code, no building or structure, or any components of said building or structure, shall be constructed, altered, moved, demolished, erected, installed, enlarged, removed, converted, repaired, or undergo a change of occupancy without first obtaining a permit to do such from the Department of Building Inspections and Neighborhood Services.
(2) No Permit Required. The following work does not require a building permit.
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. Exterior Site Improvements. No permit is required for retaining walls less than five (5) feet in height or walks, driveways, stoops, outdoor patio areas and/or other similar improvements constructed of concrete, brick, or other hard surfaces within three (3) feet of grade.
c. 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.
d. Siding and Roofing. For residential one- and two-family use properties, no permit is required to install or replace non-structural siding or roofing materials, including underlayment, on an existing dwelling or accessory building or structure.
e. Decks. No permit is required for decks less than twenty-five (25) square feet that are within four (4) feet of grade. No permit is required for replacing deck boards, stairs, guards or handrails on an existing deck.
f. Other Work. No permit is required for painting, replacing tiling, replacing flooring, replacing cabinetry, 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 Subsection Two (2) above. An authorized agent may act on an owner’s behalf to obtain a permit, but the owner is responsible that a permit is obtained.
(5) Work Performed Without a Permit. The owner shall correct any work done without a permit, unless specifically excluded through this code, either by obtaining a permit for said work, or by correcting or removing the work done to the satisfaction of the Department of Building Inspections and Neighborhood Services. Obtaining a permit for work done without a permit may include removing wall, floor or ceiling finishes and structures to be able to properly inspect the work, at the owner’s expense. The work done will be required to meet this code for compliance as new work. Any work performed prior to permit issuance may be subject to increased permit fees as stated in the permit fee schedule.
(6) Emergency Work. Emergency work may be allowed when the permit application is filed within the next business day. The Inspector shall be notified when emergency work is to commence prior to permit application.
(7) Stop-work order. Whenever the Building 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.
a. 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.
b. 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.
c. Any person removing a stop-work order without the authorization of the Inspector is subject to penalties as prescribed by this Code.
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.