Chapter 15.05
BUILDING CODE
Sections:
15.05.020 State Electrical Code applies.
15.05.030 State Plumbing Code applies.
15.05.040 State Well Drilling Code applies.
15.05.060 Fire Prevention Code applies.
15.05.070 Building and Heating, Ventilating and Air Conditioning Code applies.
15.05.080 Cleaning and Dyeing Code applies.
15.05.090 Explosives and Blasting Agents Code applies.
15.05.100 Safety Code applies.
15.05.110 Existing Building Code applies.
15.05.120 Spray Coating Code applies.
15.05.130 Liquefied Petroleum Gases Code applies.
15.05.140 Energy Conservation Code applies.
15.05.010 County permits.
1. County sanitary permit must first be obtained from the Walworth County Zoning Deputy in the Town of East Troy before applying for a county zoning permit.
2. County zoning permit must first be obtained from the Walworth County Zoning Deputy in the Town of East Troy before applying for a building permit from the Building Inspector of the Town of East Troy. (2008 code § 14.01)
15.05.020 State Electrical Code applies.
1. Authority. This regulation is adopted under the statutory authority granted pursuant to Wis. Stat. §§ 60.12(1)(c), 60.22, 101.65, 101.76 and 101.761.
2. Purpose. The purpose of this section is to promote the health, safety, and general welfare within the Town of East Troy, to protect property values and to provide for orderly, appropriate development and growth of the Township. Further the adoption of the State Electrical Code herein is meant to safeguard persons and property from hazards arising from the installation and use of electricity.
3. Force and Effect. This section applies to all lands in the Town of East Troy, Walworth County, Wisconsin. If the provisions of this code conflict with county, state or federal regulations, the most restrictive shall apply.
4. Adoption of State Code. Chapter SPS 316 of the Wisconsin Administrative Code and all subsequent revisions thereof are hereby adopted in their entirety and incorporated herein by reference and shall be enforced by the Town or its designee. (Ord. 2019-8 § 1; Ord. 2011-12 § 1. 2008 code § 14.02(1))
15.05.030 State Plumbing Code applies.
The Wisconsin Administrative Code, Comm 82 and Wis. Stat. Ch. 145 as to plumbing and fire protection systems, a copy of which is on file with the office of the Town Clerk of the Town of East Troy, Wisconsin, is hereby adopted in its entirety and incorporated herein by reference as this section of the Town Code of East Troy, Wisconsin, and together with the provisions of this chapter shall apply to all construction work in the Town of East Troy. (Ord. 2011-12 § 2. 2008 code § 14.02(2))
15.05.040 State Well Drilling Code applies.
The Wisconsin Administrative Code, Chapter NR 812, a copy of which is on file with the office of the Town Clerk of the Town of East Troy, Wisconsin, is hereby adopted in its entirety and incorporated herein by reference as this section of the Town Code of East Troy, Wisconsin, and together with the provisions of this chapter shall apply to all construction work in the Town of East Troy. (Ord. 2011-12 § 3. 2008 code § 14.02(3))
15.05.050 Conflicts.
If, in the opinion of the Building Inspector, the provisions of the State Electrical Code or the State Plumbing Code, or the State Well Drilling Code, or the State Fire Prevention Code, or the State Building and Heating, Ventilating and Air Conditioning Code, or the State Cleaning and Dyeing Code, or the State Explosives and Blasting Agents Code, or the State Safety Code, or the State Existing Building Code, or the State Spray Coating Code, or the State Liquefied Petroleum Gases Code (all of which have been adopted in this chapter) shall conflict with each other, or with the Southeastern Wisconsin Uniform Building Code (as adopted in ETMC 15.05.160), in their application to any proposed building or structure, the Inspector shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of ETMC Title 15. (2008 code § 14.02(4))
15.05.060 Fire Prevention Code applies.
The Fire Prevention Code, Comm 14, a copy of which is on file in the office of the Town Clerk of the Town of East Troy, Wisconsin, is hereby adopted in its entirety and incorporated herein by reference as this section of the Town Code of East Troy, Wisconsin. (Ord. 2011-12 § 4. 2008 code § 14.02(5))
15.05.070 Building and Heating, Ventilating and Air Conditioning Code applies.
The Building and Heating, Ventilating and Air Conditioning Code, Comm 64, copies of which are on file in the office of the Town Clerk of the Town of East Troy, Wisconsin, is hereby adopted in its entirety and incorporated herein by reference as this section of the Town Code of East Troy, Wisconsin. (Ord. 2011-12 § 5. 2008 code § 14.02(6))
15.05.080 Cleaning and Dyeing Code applies.
The Cleaning and Dyeing Code, Comm 15, a copy of which is on file in the office of the Town Clerk of the Town of East Troy, Wisconsin, is hereby adopted in its entirety and incorporated herein by reference as this section of the Town Code of East Troy, Wisconsin. (Ord. 2011-12 § 6. 2008 code § 14.02(7))
15.05.090 Explosives and Blasting Agents Code applies.
The Explosives and Blasting Agents Code, Comm 7, a copy of which is on file in the office of the Town Clerk of the Town of East Troy, Wisconsin, is hereby adopted in its entirety and incorporated herein by reference as this section of the Town Code of East Troy, Wisconsin. (Ord. 2011-12 § 7. 2008 code § 14.02(8))
15.05.100 Safety Code applies.
The Safety Code, Wisconsin Administrative Code, Chapter Ind. 1, a copy of which is on file in the office of the Town Clerk of the Town of East Troy, Wisconsin, is hereby adopted in its entirety and incorporated herein by reference as this section of the Town Code of East Troy, Wisconsin. (2008 code § 14.02(9))
15.05.110 Existing Building Code applies.
The Existing Building Code, Comm 75, copies of which are on file in the office of the Town Clerk of the Town of East Troy, Wisconsin, is hereby adopted in its entirety and incorporated herein by reference as this section of the Town Code of East Troy, Wisconsin. (Ord. 2011-12 § 8. 2008 code § 14.02(10))
15.05.120 Spray Coating Code applies.
The Spray Coating Code, Comm 21, a copy of which is on file in the office of the Town Clerk of the Town of East Troy, Wisconsin, is hereby adopted in its entirety and incorporated herein by reference as this section of the Town Code of East Troy, Wisconsin. (Ord. 2011-12 § 9. 2008 code § 14.02(11))
15.05.130 Liquefied Petroleum Gases Code applies.
The Liquefied Petroleum Gases Code, Comm 40, a copy of which is on file in the office of the Town Clerk of the Town of East Troy, Wisconsin, is hereby adopted in its entirety and incorporated herein by reference as this section of the Town Code of East Troy, Wisconsin. (Ord. 2011-12 § 10. 2008 code § 14.02(12))
15.05.140 Energy Conservation Code applies.
The Energy Conservation Code, Comm 22, a copy which is on file in the office of the Town Clerk of the Town of East Troy, Wisconsin, is hereby adopted in its entirety and incorporated herein by reference as this section of the Town Code of East Troy, Wisconsin. (Ord. 2011-12 § 11. 2008 code § 14.02(13))
15.05.150 Administrative.
1. Title. This chapter shall be known as the “Building Code of the Town of East Troy” and will be referred to in this chapter as “this code.”
2. Purpose. In order to promote the public health, safety, morals and general welfare of the citizens of the Town of East Troy, there is provided by this code certain minimum standards, provisions and requirements for the safe and stable design, methods of construction and uses of materials in buildings and structures hereafter erected, constructed, enlarged, altered, repaired, moved, converted to other uses or demolished and to regulate the equipment, maintenance, use and occupancy of all buildings or structures, except as hereinafter provided, and in harmony with the subject to the provisions of the Town zoning ordinance.
3. Scope. New buildings or structures hereafter erected in the Town of East Troy shall conform to all requirements of this code and all requirements of this code shall apply to any buildings or structures hereinafter erected in the Town of East Troy, and they shall conform to all requirements of this code except that this code shall not apply to farm buildings, other than dwellings, erected or structurally altered on any farm which comprises an area of at least 10 acres. In the event that the land comprising the farms is less than 10 acres, then the provisions of this code shall apply. This code shall apply to all dwellings. (2008 code § 14.03)
15.05.160 Building Code.
1. Authority. These regulations are adopted under the statutory authority granted pursuant to Wis. Stat. §§ 101.65, 101.651, 101.76 and 101.761 (and by its adoption of village powers under Wis. Stat. §§ 60.10(2)(c), 60.22(3), 61.34(1)).
2. Purpose. The purpose of this code is to promote the health, safety and general welfare of our community, to protect property values and provide for orderly, appropriate development and growth of the community.
3. Scope. This code applies to all dwellings, commercial buildings/structures, swimming pools, garages, structures, buildings, residential accessory buildings and agricultural buildings. Notwithstanding this section, this chapter shall not apply to children’s play structures.
4. Definitions. As used in this chapter, the following terms have the meaning prescribed herein. Any item not defined herein shall follow the Wisconsin Administrative Code definitions.
“Building” means any structure erected or constructed of wood, metal, stone, plastic or other materials, which is intended to be used by human beings or animals for occupancy, livery, commerce, education, cultural activities or other purpose. The term also includes garages where vehicles are kept or stored including carports.
“Building Inspector” means the individual(s) or firm appointed by the Town Board to exercise all of the powers and duties of a building inspector under Wisconsin law.
“Construction” means any part or portion of the activity of installing, locating, siting, erecting or raising a building.
“Contractor” means any person, firm or entity which undertakes any activity related to the construction of a building other than the mere provision of supplies and materials.
“Demolition” means the activity of completely or partially destroying a previously erected or constructed building.
“Electrical” means the trade which relates to the design, installation, maintenance and repair of the mechanical equipment, wiring, fixtures and connections which tie a structure to the power grid of an electric generating utility and distribute the electricity through a structure to end uses, including any work which may be performed by a master electrician licensed by the state of Wisconsin or a person under the supervision of an electrician.
“Occupancy” means the act of utilizing a building for human habitation, use or occupancy. Any use of a building for any activity which is customarily or routinely associated with utilization of a building as a resident, detached residential accessory structure, or commercial use shall constitute occupancy.
“Owner” means the individual, firm or entity which has record title to the real estate on which construction or demolition is taking place.
“Plumbing” means the trade which relates to the design, installation and maintenance or repair of pipes, drains, sinks, basins, hot water heating systems, natural gas pipes, grease traps, floor drains, and all other work for which the individual performing the work may either be a master plumber licensed by the state of Wisconsin or work under the supervision of such a plumber.
“Stop work order” means a directive issued with respect to a construction project by a Building Inspector which compels the owner and any contractor or builder of a building to cease any further work or activity on the construction project until the Building Inspector has authorized the resumption of the construction project.
5. Adoption of Wisconsin Uniform Dwelling Code.
6. Additions or Alterations to Existing Dwellings.
7. Structure Not Covered by State Code.
8. Building Inspector.
a. Failure to request any inspection will be the responsibility of the contractor and/or property owner. No construction shall be deemed approved by default or lack of inspection by the Building Inspector.
b. The expense of uncovering or exposing the work which may be inspected, where such work was required by the failure of the owner to request any inspection, will be the responsibility of the contractor and/or property owner.
c. In the event that Inspector is refused access to any property, whether or not a permit application has been made, then the Inspector is authorized to apply for a special inspection warrant pursuant to Wis. Stat. § 66.0119.
9. Enforcement Contract.
10. Building Permit Required.
11. Issuance of Permit.
a. The Inspector shall issue the request permit if the owner or contractor demonstrate that all state, county and local submission requirements are satisfied and the required fees have been paid. If a permit card is issued, it shall be posted at the job site in a visible location from the street. Permits are valid for two years from the date of issuance. Permit may be extended for 30, 90 or up to 180 days with the Building Inspector’s approval and payment of permit fees.
b. By accepting a permit, the applicant, owner or contractor grants the Building Inspector the right to access to the property of which the permitted construction or demolition will occur.
c. Permits are issued on the condition that the owner and/or contractor(s) shall conform to the requirements of all applicable codes, zoning ordinances and setback requirements in constructing the building.
d. Permits are issued on the condition that the owner and/or contractor(s) sign a reimbursement agreement to pay for any damages caused to the paved portion of the road, or the ditched area of the road right-of-way that fronts the property upon which the construction is to be done. Said liability attaches only if the damage to the Town road or right-of-way was caused by the construction traffic or construction equipment and vehicles at the property having had construction improvements done.
12. Building Permit Fee. The building permit fee shall be as set forth in the Town of East Troy Fee Schedule. Double fees shall be charged if work is started before the permit is issued.
|
TOWN OF EAST TROY FEE SCHEDULE
|
||
|---|---|---|
|
A. Residential: One- and Two-Family |
||
|
1. |
New Dwelling |
$0.20/sq. ft. (all areas, foundation) |
|
|
|
$125.00 plan, site review/permit prep |
|
|
|
$850.00 minimum fee |
|
2. |
Erosion Control |
$125.00 new construction (if applicable) |
|
|
|
$85.00 additions, remodels (if applicable) |
|
3. |
Additions and Remodeling |
$8.00 per $1,000 of valuation; minimum fee: |
|
|
|
$60.00 for remodels, $250.00 for additions |
|
4. |
Zoning Review |
$100.00 per single-family dwelling |
|
|
|
$50.00 per addition (if applicable) |
|
5. |
Sheds and Garages |
$30.00 for up to 200 sq. ft.; $0.15 sq. ft. with a $70.00 minimum fee for over 200 sq. ft. |
|
6. |
Pools |
$50.00 for above-ground pools |
|
|
|
$125.00 for in-ground pools |
|
7. |
Decks |
$0.16 per sq. ft. with a $55.00 minimum fee |
|
8. |
Fences |
$45.00 |
|
9. |
Razing Permits |
$0.06 per sq. ft. with a $50.00 minimum fee |
|
10. |
State Seal |
$40.00 |
|
11. |
Culvert |
$75.00 (if applicable) |
|
12. |
Sign Permit |
$50.00 if less than 32 sq. ft.; $8.00 sq. ft. if over 32 sq. ft. |
|
13. |
Agricultural Building |
$0.10 sq. ft. for new construction; $6.00 per 1,000 sq. ft. if a remodel |
|
14. |
Special Inspections |
$45.00 |
|
15. |
Early Start |
$75.00 |
|
16. |
Other |
$50.00 minimum fee |
|
17. |
Occupancy Permit |
$50.00 per dwelling unit |
|
|
||
|
B. Commercial and Industrial |
||
|
1. |
New Construction |
$200.00 plan, site review and permit prep; |
|
|
|
$0.20 sq. ft. for all areas, foundations |
|
2. |
Multifamily and Condos |
$200.00 plan, site review and permit prep; |
|
|
|
$0.20 sq. ft. for all areas, foundations |
|
3. |
Erosion Control |
$225.00 first acre (if applicable) |
|
|
|
$125.00 each additional acre |
|
4. |
Additions and Remodeling |
$8.00 per sq. ft. for every $1,000 of valuation: minimum fee of $125.00 for remodels; $200.00 minimum fee for additions |
|
5. |
Zoning Review |
$150.00 new buildings (if applicable) |
|
|
|
$100 for additions and remodels |
|
6. |
Early Start |
$200.00 |
|
7. |
Minimum Permit for Commercial |
$125.00 |
|
8. |
Chance of Use, Occupancy |
$75.00 |
|
9. |
Towers, Outdoor Pools, Tents, etc. |
$8.00 per sq. ft. for every $1,000 of valuation |
|
10. |
Razing Fee |
$0.07 per sq. ft.; minimum fee of $100.00 |
|
|
||
|
C. Mechanicals (Residential and Commercial) |
||
|
H.V.A.C. |
$0.05 sq. ft. plus $45.00 for new construction |
|
|
$0.06 sq. ft. plus $45.00 for additions and remodels |
||
|
$45.00 minimum fee for modifications per permit application |
||
|
ELECTRICAL |
$0.05 sq. ft. plus $45.00 for new construction |
|
|
$0.05 sq. ft. plus $45.00 for additions and remodels |
||
|
$80.00 minimum fee for service |
||
|
$45.00 minimum fee for modifications per permit application |
||
|
PLUMBING |
$0.05 sq. ft. plus $45.00 for new construction |
|
|
$0.05 sq. ft. plus $45.00 for additions and remodels |
||
|
$45.00 minimum fee for modifications per permit application |
||
|
SPRINKLER |
$0.05 sq. ft. plus $45.00 for new construction |
|
|
$0.05 sq. ft. plus $45.00 for additions and remodels |
||
|
$45.00 minimum fee for modifications per permit application |
||
13. Completion Deposit Required.
a. A deposit of $400.00 is required for all projects whose total costs including labor, materials and supplies, will equal or exceed $15,000. The deposit shall be refunded after the project is completed and the Building Inspector has found that the building complies with all applicable codes. The deposit shall be forfeited if occupancy occurs before final inspection or extends after a temporary occupancy permit expires. It shall also be forfeited if the exterior is not finished within one year of the date the permit is issued, or if the project stands idle for more than four months in duration.
Failure to request any inspection will be the responsibility of the contractor and/or property owner. No construction shall be deemed approved by default or lack of inspection by the Building Inspector. A $25.00 fee shall accompany the application for the occupancy permit and shall be payable to the Clerk of the Town of East Troy.
b. Delayed Construction. If the Building Inspector, after investigation, finds that the building or project has stood idle without any structural improvement for more than four months in duration, and finds the current unfinished state to pose a risk to children or other persons in the Township, he/she may report these findings to the Town Board. If the Town Board believes the unfinished condition creates a hazard, the Board shall recommend that the building be boarded up or otherwise secured, so as to alleviate the harm. Notice provision: See abatement procedure in Chapter 8.05 ETMC.
c. Occupancy Permit. If the Building Inspector, after completing all required inspections, finds that a building has been constructed in accordance with the applicable codes, then the Inspector shall issue an occupancy permit. If the building fails to comply with the code in minor respects, which does not threaten the safety, health or welfare of the building’s occupants, the Building Inspector may issue a temporary occupancy permit for 30 days or a specified term. No person may have occupancy of a building until an occupancy permit is issued. No occupancy permit shall be issued unless all damages to the Town roads or the ditched areas of the road right-of-way have been repaired to the same condition it was in prior to the commencement of construction at the permit location. Said restriction on the issuance of an occupancy permit is in accordance with the terms of the reimbursement agreement the owner and/or contractor(s) signed under subsection (11)(d) of this section.
d. Unsafe Building. Whenever the Building Inspector determines that any building or structure is so old, dilapidated or has become so out-of-repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, and so that it would be unreasonable to repair the same, the inspector shall order the owner to raze and remove all or part thereof, or if such structure can be made safe and sanitary by repairs, is at the owner’s option. Such orders and proceedings shall be as provided in Wis. Stat. §§ 66.0413 and 66.0427.
14. Severability.
15. Conflict.
16. Liability for Damages.
17. Violations and Penalties.
a. Prohibition. No person, entity or firm may construct, remodel, demolish, repair or move any building in a manner which violates any provision or provisions of this chapter.
b. Every person, firm or entity which violates this code shall, upon conviction, forfeit not less than $25.00 nor more than $1,000 for each day of noncompliance, together with costs and assessments imposed by the state and court.
c. Violations discovered by the Building Inspector shall be corrected within 30 days, or more if allowed by the Inspector, after written notice is given. Violations involving life and safety issues shall be corrected in a reasonable time frame established by the Building Inspector.
d. Compliance with the requirements of this chapter is necessary to promote the safety, health and well-being of the community and the owners, occupants and frequenters of buildings. Therefore, violations of this chapter shall constitute a public nuisance that may be enjoined in a civil action.
e. Stop Work Order. The Building Inspector may issue a stop work order for a project to prevent further noncomplying work. No person, firm or entity may continue a construction project after a stop work order has been issued. The person, firm or entity that receives such a stop work order may contest the validity of the same by requesting a hearing before the Town Board. The Town Board shall hear the appeal within seven days. The Town Board shall affirm the stop work order unless the owner or contractor shows that the Building Inspector erred in determining that the construction project violated a provision or provisions of the state building codes.
18. Signs and Billboards.
a. Purpose. The Town Board has authority to regulate matters with the purpose of promoting public health, safety and welfare. The general purpose of this section is to promote the public health, safety and welfare of Town residents. More specifically, this section is intended to promote traffic safety, community aesthetics, blight prevention, economic development, design creativity, prevention of clutter, protection of property values, encouragement of free speech, and for the protection of scenic views.
b. Regulation. No sign or billboard in the Town of East Troy shall be constructed or maintained so as to create a public nuisance. A sign or billboard will be considered a public nuisance if it obstructs or interferes in any way with the visibility of any traffic sign, road sign, signal or device located in the Town or East Troy. Billboards along federal highways, including all interstates or federal-aid highways, are regulated by state and federal laws, including the Federal Highway Beautification Act (23 CFR 750), Wis. Stat. § 84.30, and Wisconsin Administrative Code Section Trans 201. The Town of East Troy by virtue of this section is not seeking to regulate federal-aid highway billboards, but the regulations herein do apply to all other billboards within the Township.
c. Prohibited Signs and Billboards. The following signs and billboards shall be prohibited:
i. Signs or billboards that are attached to trees or natural objects except “no trespassing” signs.
ii. Signs or billboards painted or placed directly on temporarily parked vehicles, trailers, or on buildings.
iii. Signs or billboards that move, swing or are designed, constructed and maintained to be animated.
iv. Flashing, strobe, blinking or neon signs or billboards.
v. To protect the traveling public, no signs or billboards may be placed in the public right-of-way.
vi. Unless specifically permitted by resolution, no signs or billboards shall exceed 48 square feet in total display area or 12 feet in total height measured from the lowest point of the ground off of which the sign is erected. Notwithstanding the above, in the event that Wis. Stat. § 12.04 would permit a political sign that is greater than a size limitation described in this section, or allows placement of a political sign in a location that is prohibited in this section, such sign is allowed only for the time period described in that statute.
vii. Signs and billboards shall not be placed on or signage painted, printed or otherwise affixed to any roof or area of a building on or above the lowest point of the roof line.
viii. No signage, billboard or other exterior painting or depiction of a nude or partially clad male or female, as defined in the cabaret and adult-oriented establishment sections of this Town Code shall be permitted. Signage showing or depicting the display of such prohibited body parts shall be prohibited.
d. Exceptions. The Town Board may grant exceptions to the size limitations of this section if the applicant can demonstrate that a larger sign is necessary. In those circumstances, the Town Board may permit a larger sign which may be conditioned upon additional restrictions the Town Board may place in regard to the sign’s height, location, design and aesthetic appearance.
e. New and Redesigned Signs and Billboards. Any new sign that is proposed or any existing sign that is redesigned, repainted or changed in any way that is illuminated or lighted shall be subject to an illuminated sign permit first reviewed by the Plan Commission and the Town Police Department. Said review by both entities shall be done within 30 days of receipt of the application. The recommendations of each shall be forwarded to the Clerk for inclusion on the agenda of the next regular Town Board meeting.
f. Excluded Signs and Billboards. All government signs, including traffic signs, are specifically excluded from regulation under this section. Government signs are signs that are constructed, placed or maintained by the federal, state or local government or a sign that is required to be constructed, placed or maintained by the federal, state or local government either directly or to enforce a property owner’s rights.
g. Review Procedure. Should any applicant believe that the determination of the Town Clerk in prohibiting a proposed sign or billboard does not violate this section, the applicant may appeal to the Town Board for an evidentiary hearing, by submitting a written request for review of the Clerk’s decision to the Town Board if said request is served upon the Town Clerk within 30 days after a permit is denied by the Clerk. (Ord. 2016-7 § 1; Ord. 2016-5 § 1; Ord. 2013-6 § 1; Ord. 2011-12 §§ 12, 13. 2008 code § 14.04)