ORD962
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #962
AN ORDINANCE TO AMEND CHAPTER 33
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
TO CREATE SECTION 33.00 THROUGH SECTION 33.12
(Business Occupancy Registration)
The Common Council of the City of Muskego, Waukesha, Wisconsin, do ordain as
follows:
SECTION 1: Chapter 33 of the Municipal Code of the City of Muskego, Wisconsin is
hereby amended to create the following sections:
BUSINESS OCCUPANCY REGISTRATION
33.00 TITLE
This section shall be known as the “CITY OF MUSKEGO - BUSINESS OCCUPANCY REGISTRATION
ORDINANCE” and shall herein be referred to as “THIS CODE”.
33.01 PURPOSE
Due to the complexity of State and Local requirements for various commercial and industrial uses of real
property within the City of Muskego, it is deemed important that a review of business type and use
versus proposed location be conducted to insure compatibility of use and minimum safety standards prior
to the premises being occupied for a commercial or industrial use. THIS CODE is created to, but is not
designed to insure or verify code compliance of any structure. See also 33.11
33.02 SCOPE
The provisions of THIS CODE shall govern the occupancy of any premises within the City of Muskego
for any commercial or industrial use. For purposes of THIS CODE, “businesses” shall include any
individual or legal entity occupying a premises within the City of Muskego for any commercial or
industrial use. Exception: A “Home Occupation” as defined by Chapter 17, Section 2.02 (22) and Section
8.01 (7)B.7. of the City of Muskego Zoning Ordinance shall not be subject to the requirements of THIS
CODE.
33.03 APPLICATION OF THIS CODE
All businesses hereafter located or relocated within the City of Muskego shall comply with the provisions
of THIS CODE, subject to the following procedure:
(1.) All businesses locating within the City of Muskego shall complete a BUSINESS
REGISTRATION FORM which can be obtained from the Building Inspection Department located
in City Hall. Packet shall be completed by business owner or authorized agent. For purposes of
THIS CODE, authorized agent status shall be verified through the use of a form provided by the
City, which the business owner signs thus authorizing agent status.
(2.) The completed BUSINESS REGISTRATION FORM shall be returned to the Building
Inspection Department for distribution to the Planning Department, to review same within five (5)
business days of receipt, and forward findings in writing to the Building Inspection Department.
The Planning Department review will be conducted to determine any possible conflicts that may
exist between the proposed business and applicable zoning or land use codes.
(3.) Should the Planning Department Staff be unable to approve the proposed business without
Plan Commission or other Committee approvals, the Building Inspection Department shall place
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its review on hold until it has been determined that the business has completed all zoning related
approvals.
(4.) Upon favorable review and conditional approval by the Planning Department, the Building
Inspection Department will perform a review of the proposal within five (5) business days and
determine whether an inspection of the site will be required using the criteria set forth in 33.06
(5.) If no inspection is required and the Planning and Building Inspection Departments find the
proposed business to be compatible with existing zoning, land use and structures, then upon
payment of a OCCUPANCY REGISTRATION FEE a CONDITIONAL OCCUPANCY
REGISTRATION CERTIFICATE shall be issued. Such certificate shall be posted in a
conspicuous location on the business premises at all times.
(6.) Should an inspection be required, the criteria for performing such inspection shall be as
listed in 33.07
(7.) Upon correction to the inspector’s satisfaction of any items found to be unacceptable during
inspection and payment of the applicable OCCUPANCY REGISTRATION FEE, the Building
Inspection Department shall issue a CONDITIONAL OCCUPANCY REGISTRATION
CERTIFICATE, which shall be posted in a conspicuous location on the business premises at all
times.
33.04 OCCUPANCY REGISTRATION FEE REQUIRED
Prior to issuance of a CONDITIONAL OCCUPANCY REGISTRATION CERTIFICATE, a registration fee,
as from time to time established by resolution of the Common Council and listed in Table #4, shall be
collected. Such resolution shall remain on file with the Clerk Treasurer and in the Building Inspection
Department.
33.05 OTHER AGENCIES NOTIFIED
Upon issuance of a CONDITIONAL OCCUPANCY REGISTRATION CERTIFICATE the Building
Inspection Department shall provide notification to respective agencies.
33.06 DETERMINING NEED FOR INSPECTION
Inspection shall be required when:
(1.) The proposed location and/or structure has a history of orders or violations, which according
to records available to the Planning or Building Inspection Department Staff have not been
adequately addressed or corrected.
(2.) The proposed business is of a different category of use or occupancy as defined by the
State of Wisconsin’s commercial building code than that of the prior occupant of the building.
(3.) The Fire Department has listed the structure as a building they have been denied access to
within the last 12 months.
33.07 INSPECTION CRITERIA
Inspections required by THIS CODE shall be limited to the following areas:
(1.) Outstanding orders, violations or existing conditions of approval corrected and/or in
compliance.
(2.) Required occupancy or fire separations intact and correct for intended use and in
consideration of adjacent tenants where applicable.
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(3.) Fire extinguisher available - for purposes of THIS CODE, the number, size, type and
location will not be verified or inspected. The inspection will only determine that at least one (1)
fully charged fire extinguisher is available. Fire Department to be responsible for number, size,
type and location details under separate inspection.
(4.) City issued building numbers in place.
(5.) Property free of junk and debris, yard mowed to 6” or less.
(6.) Building exterior, gutters and eaves maintained so as not to detract from the visual
character of the adjacent property, downspouts not directed to adjacent property.
(7.) Exterior of structure weatherproof.
(8.) Interior and exterior stairways, patios, walks or decks in good condition - for purposes of
THIS CODE, good condition shall mean no surface irregularities in excess of 3/4”, nor voids in
surface in excess of 3/4”. Guardrails and/or handrails to be in sound condition. However, for
purposes of THIS CODE, the height of guardrails and spacing of balusters will not be measured
or verified, unless permits have been obtained to modify same.
(9.) Windows in good condition, operable windows have screens or storms installed and are in
good condition. Screens shall be required from April 1st to October 1st -- Storms required
balance of year. Double or triple pane windows shall not require storms.
(10.) Exterior electrical fixtures/receptacles adequately protected from the weather and appear
intact.
(11.) Entry and egress doors operate freely and pathways to and from same are clear and
unobstructed. Interior keyed deadbolts are prohibited.
(12.) Hot and cold running water available, where applicable.
(13.) Interior electrical fixtures/receptacles in good condition - for purposes of THIS CODE, good
condition shall mean fixture assembly complete, receptacle covers in place and are not cracked
or broken.
(14.) Toilet rooms have hot and cold running water, light fixture and operable exhaust fan or
openable window.
(15.) Toilet room floors in sanitary condition - for purposes of THIS CODE, sanitary shall mean
free from elements of filth and/or noticeable molds or fungus.
(16.) Plumbing fixtures functional and free from leaks.
(17.) No plumbing cross connections apparent.
(18.) Sump pump discharges in accordance with Muskego Municipal Code, Chapter 16, Section
16.20.
(19.) Backflow protection measures in place.
(20.) Smoke detectors in place and functional.
(21.) Electrical panel enclosure intact, cover or door operates properly, any unused openings
plugged, overcurrent devices labeled.
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(22.) Exterior enclosure of heating units and exhaust vent pipes (to chimney) have no readily
visible cracks or voids (no inspection of heat exchanger performed).
(23.) Chimney flue not affected by installation of high efficiency equipment (newer equipment
may require resizing or relining of chimney).
(24.) Exterior inspection (from grade level) of chimney reveals no obvious defects.
No attic or interior inspection of chimney performed.
33.08 RECORDS
Records of CONDITIONAL OCCUPANCY REGISTRATION CERTIFICATES issued and related
inspection details when applicable, shall be kept in the Building Inspection Department and shall be
available for viewing upon request.
33.09 PENALTY FEE
A penalty fee as from time to time established by resolution of the Common Council and listed in Table
#4, shall be collected when a business is found to have located or relocated to a new location within the
City of Muskego, without first obtaining a CONDITIONAL OCCUPANCY REGISTRATION
CERTIFICATE. Such resolution shall remain on file with the Clerk Treasurer and in the Building
Inspection Department.
33.10 VIOLATIONS
It shall be unlawful for any person, firm or corporation to locate or relocate within the City of Muskego,
without first obtaining a CONDITIONAL OCCUPANCY REGISTRATION CERTIFICATE. Persons, firms
or corporations violating any provision of THIS CODE shall, upon conviction, be subject to a forfeiture of
not less than fifty dollars ($50) or more than five hundred dollars ($500), together with the costs of
prosecution and, in default of payment thereof, shall be imprisoned for a period of not less than one (1)
day or more than six (6) months or until such forfeiture and costs are paid. It shall be the responsibility of
the offender to abate the violation as expeditiously as possible, and each day that such violation is
permitted to continue shall constitute a separate offense.
33.11 CODE COMPLIANCE NOT DETERMINED
The following text is provided to further explain the scope and purpose of this code.
(1.) THIS CODE is intended to be used as a tool to insure minimum safety standards are met,
while attempting to assist businesses in finding compatible facilities for their operations, with the
least possible expense. It is not intended to verify compliance with all applicable plumbing,
heating, air conditioning, electrical, building or zoning codes. It is recommended that a
professional engineer, architect or other qualified individual be retained to perform a complete
and comprehensive inspection of the premises if verification of complete code compliance is
desired.
(2.) Code specific issues such as guardrail height or baluster spacing will not be verified through
this code. Inspection will be limited to verifying that a sturdy guardrail is in place, but will not
verify the actual height of same.
(3.) Permit research will not be performed, other than to determine if there are outstanding
orders or violations relative to the structure, building location or owner. Exception: In cases
where work is in progress, recently completed or in cases where an installation is obviously
hazardous, an inspection of the Building Inspection Department records may be performed to
determine if proper permits have been obtained.
(a.) Work found to be performed without a valid permit, shall require the current
building owner to obtain the required permits (certain work may require a licensed contractor
be hired who would be responsible for obtaining permits). All such AFTER-THE-FACT permits
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shall be assessed a PENALTY FEE as listed in TABLE #1 (available for viewing at the Building
Inspection Department counter).
33.12 LIABILITY
THIS CODE shall not be construed to relieve from or lessen the responsibility or liability of PREVIOUS
or CURRENT OWNERS, person(s) who have performed work on said structure, including but not limited
to, using, operating, controlling, installing, altering, repairing, removing, replacing, disturbing, connecting,
disconnecting or maintaining any electrical, plumbing, heating/air conditioning, or building code related
items, for damages to persons or property caused by any defect therein or therefrom; nor shall the City
or its authorized Inspectors, be held as assuming any such responsibility or liability by reason of issuance
or failure to issue any CONDITIONAL OCCUPANCY REGISTRATION CERTIFICATE, or the inspection
or re-inspection authorized by THIS CODE, or by reason of the approval or disapproval of any items
addressed by THIS CODE. Nor shall the City or its authorized Inspectors be held liable for any damages
resulting from the enforcement of THIS CODE.
SECTION 2: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect
the validity of all other provisions, sections, or portion thereof of the ordinance which
shall remain in full force and effect. Any other ordinance whose terms are in conflict
with the provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 23rd DAY OF JUNE , 1998.
CITY OF MUSKEGO
__________________________
David L. De Angelis, Mayor
ATTEST:
First Reading: June 9, 1998
____________________________
nd
Clerk-Treasurer Published on the 2 day of
July, 1998
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