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ORD20091298-Chapter 33, Point of Sale_Attachment RESIDENTIAL POINT OF SALE CODE (Ord. #943 - 09-04-97) 33.50 TITLE This section shall be known as the “CITY OF MUSKEGO - RESIDENTIAL POINT OF SALE CODE” and shall herein be referred to as “THIS CODE”. 33.51 PURPOSE In recognition of the fact that a substantial segment of existing residential housing stock within the City may not meet all applicable codes, due to work done without permits or failure to obtain required inspections, and understanding that printed Building Codes for the City of Muskego are available as far back as May 4, 1938, which many homes do not comply with; the City finds a need for a program to determine basic levels of safety for residential structures within the City. Inasmuch as it is impractical to mandate complete compliance with all applicable codes for all residential housing within the City due to structural, access and cost considerations, THIS CODE has been created to ensure that BASIC SAFETY CONCERNS are addressed and required corrections are made PRIOR TO THE SALE of any existing residential property. 33.52 SCOPE The provisions of THIS CODE shall apply to all residential housing stock within the City of Muskego. A POINT OF SALE CERTIFICATE shall be obtained from the Building Inspection Department prior to any NEW RESIDENTIAL OCCUPANCY, except that, no such certificate shall be required upon change of rental or lease tenants if there is no transfer of ownership involved. For purposes of THIS CODE, transfer of ownership shall include land contract or lease purchase agreements and in the case of the sale of residential property to a person or persons who have occupied the dwelling up to the time of the sale (relatives, tenants, etc.), the POINT OF SALE INSPECTION will still be required. (1.) POINT OF SALE CERTIFICATES issued under THIS CODE shall remain valid for a period of 12 months from the date of issuance. Properties transferring ownership within 12 months of receiving a POINT OF SALE CERTIFICATE shall be required to obtain a new POINT OF SALE INSPECTION. 33.53 APPLICATION OF THIS CODE All residential housing stock within the City of Muskego, including any residential dwelling units which may be located within commercial or other non-residential structures shall comply with the provisions of THIS CODE, subject to the following procedure: (1.) Any owner of residential housing stock or AUTHORIZED AGENT, within the City of Muskego, shall complete a POINT OF SALE - INSPECTION REQUEST FORM (which can be obtained from the Building Inspection Department, located in City Hall), prior to completing the sale or other qualifying transaction process. 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 POINT OF SALE - INSPECTION REQUEST FORM shall be returned to the Building Inspection Department along with the applicable fee. (3.) Upon receipt of the completed POINT OF SALE - INSPECTION REQUEST FORM and applicable fee, Building Inspection Department staff will inform owner or authorized agent of available dates and times available to schedule the inspection. Inspections will not be performed if children under the age of 18 are present without a supervising adult on premises. (4.) An inspection following the criteria set forth in 33.55 will be performed on the date and as near as possible to the time as scheduled. (5.) Upon correction to the inspectors satisfaction of any items found to be unacceptable during inspection, the Building Inspection Department shall issue a POINT OF SALE CERTIFICATE, which shall allow the finalization of the respective transaction and subsequent occupancy. 33.54 FEE REQUIRED Prior to scheduling the required inspection and at the time the POINT OF SALE - INSPECTION REQUEST FORM is submitted, a 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. 33.55 INSPECTION CRITERIA Inspections required by THIS CODE shall be limited to the following areas: (1.) Outstanding orders or violations of record corrected. (2.) Required occupancy or fire separations intact and correct for intended use and in consideration of adjacent tenants where applicable. (3.) City issued building numbers in place, per Muskego Municipal Code, Chapter 8, Section 8.03(12). (4.) Property free of junk and debris, yard mowed to 6” or less. (5.) 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. (6.) Exterior of structure weatherproof. (7.) 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. (8.) 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. (9.) Exterior electrical fixtures/receptacles adequately protected from the weather and appear intact. (10.) Entry and egress doors operate freely and pathways to and from same are clear and unobstructed. Interior keyed deadbolts are prohibited. (11.) Hot and cold running water available. (12.) 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. (13.) Toilet rooms have hot and cold running water, light fixture and operable exhaust fan or openable window. (14.) Toilet room floors in sanitary condition - for purposes of THIS CODE, sanitary shall mean free from elements of filth and noticeable molds or fungus. (15.) Plumbing fixtures functional and free from leaks. (16.) No plumbing cross connections apparent. (17.) Sump pump, if present, discharges in accordance with Muskego Municipal Code, Chapter 16, Section 16.20. (18.) Backflow protection measures in place. (19.) Smoke detectors in place and functional. (20.) Electrical panel enclosure intact, cover or door operates properly, any unused openings plugged, overcurrent devices labeled. (21.) Exterior enclosure of heating units and exhaust vent pipes (to chimney) have no readily visible cracks or voids (no inspection of heat exchanger performed). (22.) Chimney flue not affected by installation of high efficiency equipment (newer equipment may require resizing or relining of chimney). (23.) Exterior inspection (from grade level) of chimney reveals no obvious defects. No attic or interior inspection of chimney performed. 33.56 RECORDS Records of POINT OF SALE CERTIFICATES issued and related inspection details, shall be kept in the Building Inspection Department and shall be available for viewing upon request. 33.57 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 the ownership of a residential property located within the City of Muskego has been changed without first obtaining a POINT OF SALE CERTIFICATE. Such resolution shall remain on file with the Clerk Treasurer and in the Building Inspection Department. For purposes of THIS CODE, a change of ownership shall be as defined in 33.52 SCOPE. 33.58 VIOLATIONS It shall be unlawful for any person, firm or corporation to permit the change of residential property ownership within the City of Muskego, without first obtaining a POINT OF SALE 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. 33.59 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. It is not intended to verify compliance with all applicable plumbing, heating- air conditioning, electrical or building codes. It is recommended that a professional engineer, architect or other qualified inspector 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.) 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 shall be assessed a penalty fee as listed in TABLE #1 (available for viewing at the Building Inspection Department counter). 33.60 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 POINT OF SALE CERTIFICATE, or the inspection or reinspection 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.