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AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #998
AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 30 OF
THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(MUNICIPAL BUILDING CODE)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as
follows:
SECTION 1. Chapter 30 of the Municipal Code of the City of Muskego, Wisconsin is hereby
repealed and recreated and made a part of the Municipal Code as adopted by Ordinance #998, as
amended.
SECTION 2: A copy of said Ordinance has been on file in the Office of the City Clerk-Treasurer
and open to public inspection for not less than two weeks prior to the date of this Ordinance and
said Ordinance is hereby incorporated into the Municipal Code of the City.
SECTION 3: 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, unlawfd, 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 conflict with the provisions of this ordinance are
hereby repealed as to those terms that conflict.
SECTION 4: This ordinance is in full force and effect from and after its passage and publication.
PASSED AND APPROVED THIS DAY OF SEPTEMBER ,1999
CITY OF MUSKEGO _- - -- - /-
& First Reading: 9/14/99
Published on the 7TH day of
October, 1999.
Suzanne Sobczyk being duly sworn, doth
deDose and say that she is an authorized representative of The
MbSKEGO SUN,
a newspaper published at MUSKEGO,
Wisconsin and that an advertisement of which the annexed is a
true copy, taken from the said paper, was published therein on
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AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
ORDINANCE #998
AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 30 OF
THE MUNICIPAL CODE OF THE CITY OF MUSKEG0
(MUNICIPAL BUILDING CODE)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as follows:
SECTION 1. Chapter 30 of the Municipal Code of the City of Muskego, Wisconsin is hereby
repealed and recreated to read as follows:
CHAPTER 30 - BUILDING CODE
CHAPTER 1. GENERAL
SECTION 30.00 Scope
SECTION 30.01 Title
SECTION 30.02 Application of "Wisconsin Administrative Code"
SECTION 30.03 Application of "Wisconsin Uniform Dwelling Code"
SECTION 30.04 Application of "Muskego Municipal Building Code"
CHAPTER II. DEFINITIONS
SECTION 30.05 General
CHAPTER 111. BUILDING INSPECTOR AND PERMITS
SECTION 30.06 Building Inspector
SECTION 30.07 Permits
SECTION 30.08 Approved Plans
SECTION 30.09 Razing of Buildings
SECTION 30.091 Demolition
SECTION 30.10 Inspections
SECTION 30.1 1 Stop-Work Order
SECTION 30.12 Certificate of Occupancy
CHAPTER IV. DESIGN
SECTION 30.13 General Requirements
CHAPTER V. ACCESSORY BUILDINGS AND GARAGES
SECTION 30.14 Accessory Buildings
SECTION 30.15 Garages
0 CHAPTER VI. DECKS
SECTION 30.16 Decks
CHAPTER VII. FOUNDATION REPAIR
SECTION 30.17 Foundation Repairs and Damp-proofing
CHAPTER VIII. MISCELLANEOUS AND VIOLATIONS
SECTION 30.18 New Materials & Methods
SECTION 30.19 Tests
SECTION 30.20 Identification of Products
SECTION 30.21 Validity of Past
SECTION 30.22 Violations
SECTION 30.23 Failure to Obtain Permit
0 CHAPTER 1. -GENERAL
30.00 SCOPE
The provisions of the MUSKEG0 MUNICIPAL BUILDING CODE (THIS CODE) shall govern the
design, construction, alteration, and demolition of all buildings and structures within the City of
Muskego, except that THIS CODE shall not apply to AGRICULTURAL BUILDINGS as defined by
Chapter 30, Section 30.12(1) other than farm residences.
30.01 TITLE
These regulations shall be known and cited as “Muskego Municipal Building Code” and shall be
construed to secure their expressed intent and to ensure public safety, health and welfare insofar
as they are dependent upon building construction.
30.02 APPLICATION OF “WISCONSIN ADMINISTRATIVE BUILDING AND HEATING,
VENTILATING AND AIR CONDITIONING CODE”.
The Wisconsin Administrative Building and Heating, Ventilating and Air Conditioning Code,
Chapter COMM 50 through 64, 66 and 69, all inclusive and all amendments thereto, are hereby
made a part of THIS CODE by reference with respect to those classes of buildings to which such
provisions apply. A copy of said code is on file in the office of the Clerk-Treasurer
30.03 APPLICATION OF “WISCONSIN UNIFORM DWELLING CODE”.
The Wisconsin Uniform Dwelling Code, Chapters 20 through 25, inclusive and all amendments
thereto, are hereby made a part of THIS CODE by reference and shall apply to all one and two
family dwellings and alterations and additions thereto. For purposes of THIS CODE the Wisconsin
Uniform Dwelling Code shall also apply to alterations and additions to all one and two family
dwellings constructed prior to the effective date of the Wisconsin Uniform Dwelling Code. (see
also Section 30.12 - Definitions) A copy of said code is on file in the office of the Clerk-Treasurer
30.04 APPLICATION OF “MUSKEG0 MUNICIPAL BUILDING CODE”.
All buildings and structures hereafter erected, altered, repaired, moved or demolished that are
used or designed to be used for the purpose herein defined shall comply in full with the
requirements of THIS CODE.
(1) ZONING LAWS
No provision of THIS CODE shall be construed to repeal, modify or constitute an alternative
to any lawful zoning regulations.
(2) NEW BUILDINGS
The construction requirements of the Muskego Municipal Building Code shall apply to all
buildings not covered under Section 30.02, with the exception of AGRICULTURAL
BUILDINGS (see Section 30.00 - SCOPE).
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0 (3) EXISTING BUILDINGS
THIS CODE shall also apply to buildings and conditions described in this section
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(a) CONVERSION TO ONE OR TWO FAMILY DWELLING - An existing building to be
occupied as a one or two family dwelling which building was not previously so
occupied.
(b) REPAIR OF AN EXISTING STRUCTURE - An existing structure that is repaired,
when the cost of such repairs during the life of the structure exceeds fifty (50) percent
of the equalized value of the structure, said value to be determined by the assessor
Note: Repair work which does not exceed 50% of the equalized value of the existing
structure shall be required to comply with the code that was in effect when the
component or work was originally constructed. In cases where the exact date of
construction cannot be determined or in the event a copy of the code for that
particular period cannot be located, the Building Inspector shall determine the
applicable code.
When determining cost of repairs, only structural work which extends the life of the
structure shall be included, such as: rafters, decking, headers, foundations, studs,
etc. Items which are non-structural such as doors, windows, plumbing, electrical,
carpet, paint and trim, shall not be included.
(c) ADDITIONS AND ALTERATIONS - Additions and alterations, regardless of cost,
made to an existing building shall comply with the requirements of THIS CODE. The
provisions of subsection (4) of this section shall also apply.
(d) ROOF COVERINGS - Roof Coverings - Whenever more than twenty-five (25) percent
of the roof covering of a building is replaced in any twelve-month period, all roof
covering shall be in conformity with applicable sections of THIS CODE.
(4) ALTERATIONS AND REPAIRS
The following provisions shall apply to buildings altered or repaired:
(a) Alterations - Alterations to any existing building or structure, accommodating a legal
occupancy and use, but of non-conforming type of construction which involves either
the structural members of floors or roofs, beams, girders, columns, bearing or other
walls, room arrangement, heating and air conditioning systems, insulation or energy
efficiency, light and ventilation, changes in location of exit stairways or exits or any of
the above, shall be made to conform to the minimum requirements of THIS CODE,
applicable to such occupancy and use and given type of construction.
(b) Repairs - Repairs for purposes of maintenance, or replacements in any existing
building or structure which do not involve the structural portions (load bearing or non-
load bearing) of the building or structure, or which do not effect room arrangement,
light and ventilation, access to or efficiency of any exit stairways or exits, fire
protection, heating or air conditioning, insulation or energy efficiency. plumbing,
electrical, or exterior aesthetic appearance and which do not increase a given
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occupancy and use, shall be deemed minor repairs, exempt from plan submittal
requirements.
(c) Alterations and Repairs Required - When any of the structural members of any
building or structure have deteriorated from any cause whatsoever, to less than their
required strength, the owner of such a building or structure shall cause such
structural members to be restored to their required strength; failing in which the
building or structure shall be considered a menace to public safety and shall be
vacated and thereafter no further occupancy or use of the same shall be permitted
until the regulations of THIS CODE are complied with.
(d) Extent of Deterioration - The amount and extent of deterioration of any existing
building or structure shall be determined by the Building Inspector
(e) Use of Unsanitary Building - It shall be unlawful to occupy or use or permit the
occupancy or use of any building or structure that is unsanitary or dilapidated, or
deteriorated, or out of repair, thereby being unfit for human habitation, occupancy or
use until the regulations of THIS CODE have been complied with.
CHAPTER II. - DEFINITIONS
30.05 GENERAL
0 COMM 20.07 shall apply. Exception: All definitions found in COMM 20.07 referencing
DEFINITIONS: - For purposes of THIS CODE, the definitions listed below and those found in
"DWELLING" or "DWELLING UNIT, shall also apply to all other non dwelling, non commercial or
non agricultural structures within the City.
(1) AGRICULTURAL STRUCTURE
A building located on a parcel of 35 acres or more of contiguous land which is devoted
primarily to agricultural use as defined by s.91,01(1), Wis.Stats., and which during the year
preceding, produced gross farm profits, as defined in s.71.58(4), WisStats., of not less than
$6,000 or which, during the 3 years preceding, produced gross farm profits, as defined in
s.71.58(4), Wis.Stats., of not less than $18,000; or a parcel of 35 or more acres of which at
least 35 acres are enrolled in the farmland preservation program. Note: In addition to the
above criteria, commentary issued from time to time by COMM may also be utilized when
determining qualifications for agricultural structure exempt status.
(2) BUILDING
Any structure used, designed or intended for the roofed, shelter, enclosure or protection of
persons, animals or property of any kind.
(3) BUILDING INSPECTOR
I The Director of Building Inspection or other duly authorized individual.
(4) COST OF PROPOSED WORK- See "Value of proposed work
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e
EQUIPMENT
As specifically regulated by THIS CODE, includes heating, cooling, air conditioning, and
ventilation systems; plumbing and sanitary systems; electric and power systems; telephone,
electronic and radio signal and annunciator systems; dry cleaning, dyeing and washing
machines; elevators and dumb waiters: gas pipe systems; standpipes; sprinkler systems; fire
protection apparatus, fire extinguishers, and pumps, oil burners, stokers, and conveyors;
refrigerating systems; devices, machinery and apparatus of every description; furnace(s),
boiler(s); high or low pressure steam systems; gasoline pumps; all movable or portable
containers of every description; all pressure vessels or other tanks; and all other self-
contained systems used in conjunction with buildings or structures.
STRUCTURE
As specifically regulated by THIS CODE, Structure shall have the meaning as defined by the
Muskego Municipal Code, Chapter 17, Section 2.02 (59) and COMM 51.01 (125).
VALUE OF PROPOSED WORK
For purposes of THIS CODE, cost or value of proposed work shall mean the fair market or
retail value of the work as would be charged by a professional contractor if competitive bids
were obtained. In no case shall value of proposed work or cost of proposed work mean the
actual cost to the property owner or permit applicant to acquire the materials and perform the
work.
(a) In the case of a non-conforming structure affected by the 50% equalized value rule,
[see: 30,04(3)(b)], the value of the work shall include only structural work which
extends the life of the structure such as: rafters, decking, headers, foundations,
studs, etc. Items which are non-structural such as doors, windows, plumbing,
electrical, carpet, paint and trim, shall not be included.
WRECKING
For purposes of THIS CODE, wrecking shall include demolition, dismantling or tearing down
of framing members, whether weight bearing or not, and shall not include the removal of
gypsum wallboard. paneling or other similar surface coverings.
CHAPTER 111. - BUILDING INSPECTOR AND PERMITS
30.06 BUILDING INSPECTOR
There is hereby created the Department of Building Inspection. The Director of Building
Inspection, hereafter referred to as Building Inspector, appointed by the Municipality, shall act as
head of this department.
(1) DUTIES
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The Building Inspector is vested with the authority and responsibility to enforce all laws
controlling safe building construction. He shall make inspections at the site of buildings
damaged, by any cause whatsoever, to determine the safety of buildings affected thereby.
The Fire Inspector shall have primary responsibility to make periodic inspection of existing
public buildings to determine their safety.
(2) AUTHORITY
The Building Inspector, or his duly authorized agent, shall have the power and authority, at all
reasonable hours, for any proper purpose, to enter upon any public or private premises and
make inspection thereof and to require the production of the permit for any building or
plumbing, or electrical, or heating, or air conditioning work being done, or the required
license therefore. No person shall interfere with or refuse to permit access to any such
premises to the above described representatives of the municipality while in the performance
of their dutie:; [see 30.07(5)(a)7].
In cases where access has been denied the Building Inspector may obtain a special
inspection warrant or a criminal search warrant as applicable [see 30.10(9)].
(3) RECORDS
There shall be kept, in the Department of Building Inspection. a record of all applications for
building permits in a book for such purpose and each permit shall be regularly numbered in
the order of its issue. Also, a record showing the number, description size of all buildings
erected indicating the kind of materials used and the cost of each building and aggregate
cost of all Iuildings in the various classes, shall be kept. There shall be kept, in the
Department of Building Inspection, a record of all inspections made of all removal and
condemnatic-n of buildings and a record of all fees collected showing the date of their receipt.
The Building Inspector shall make a written annual report to the governing body of the
municipality relative to these matters.
30.07 PERU
(1) PERMITS REQUIRED
No building or structure, or any part thereof, shall hereafter be built, enlarged, altered or
demolished within the municipality or moved into, within or out of the municipality except as
hereinafter provided, unless a permit therefore shall first be obtained by the owner or his
agent from the Building Inspector
Permits required are as follows:
(a) Builcling
(b) Air conditioning
(c) Wrecking, demolition or razing (includes bearing or non-bearing walls)
(d) Heating
(e) Occupancy
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(f) Re-roofing and residing
(9) Other permits as required by governing municipality and/or as listed in the Table No.
1 permit fee schedule.
(2) APPLICATION FOR PERMITS
Application for a permit shall be made in writing upon a blank form to be furnished by the
Building Inspector and shall state the name and address of the owner of the building and the
owner of the land on which the work is to be performed, the name and address of the
contractor, the house number thereof and such other information as the Building Inspector
may require. With such application, there shall be submitted, to the Building Inspector, three
(3) complete sets of plans, specifications and three (3) copies of a survey (commercial
projects) and two (2) complete sets of plans, specifications and two (2) copies of a survey
(non-commercial).
(a) Survey - Shall meet all requirements of Muskego Municipal Code, Chapter 18,
(b) Plans and Specifications - All plans shall be drawn to a scale not less than one-
Section 18.33(4).
fourth (1/4) inch per foot, on paper or cloth in ink, or by some other process that will
not fade or obliterate, and shall disclose the existing and proposed provisions for
water supply, sanitary sewer connections and surface water drainage. All
dimensions shall be accurately figured. Drawings that do not show all necessary
detail shall be rejected. A complete set of plans for residential construction shall
consist of:
1 All elevations
2. All floor plans
3. Footing to roof wall cutaway, including foundation wall height
4. Complete construction details
5. Beam type, size and header sizes
6. Openable area of windows and glass area
7 Door sizes and swing direction
8. Intended room use labeled - example: bedroom, utility, etc.
9. Lumber type - example: SPF, Douglas Fir, etc. and Fb rating -- example:1200.
2100, etc. (obtain from lumber supplier)
10. TJI - Micro-lam - or other similar component - provide: manufacturer and size
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11 Fireplace details (314 inch per foot) showing cross section of fireplace and
flues
12. Plans of garage when garage is to be built immediately or location of garage
, when it is to be built at a later date. All plans shall remain on file in the office
of the Building Inspector until at least one (1) year after the completion of the
building, after which time the Building Inspector may return the same to the
owner, may keep them for public record or may destroy them.
(3) WAIVER OF SOME REQUIREMENTS
At the option of the Building Inspector, plans, data, specifications and survey need not be
submitted with an application for permit to execute minor alterations and repairs to any
building, structure or equipment, provided the proposed construction is sufficiently described
in the application for permit.
(4) DRAINAGE - Shall be governed by Muskego Municipal Code, Chapter 17, Section 6.01(2).
(5) INSPECTOR MAY REVOKE PERMITS.
(a) The Building Inspector may revoke any permit, certificate of occupancy or approval
issued under the regulations of THIS CODE and may stop construction, demolition or
use of approved materials, equipment, methods of construction, devices or
appliances for any of the following reasons:
1
2.
3.
4.
5.
6.
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Whenever there is a violation of any regulation of THIS CODE or of any
other ordinance, law or lawful orders or Wisconsin Statute relating to the
same subject matter
Whenever the continuance of any construction or demolition becomes
dangerous to life or property.
Whenever there is any violation of any condition or provision of the permit.
Whenever, in the opinion of the Building Inspector, there is inadequate
supervision provided on the job site.
Whenever any false statement or misrepresentation has been made in the
application for permit, plans, drawings, data, specifications or certified lot or
plot plan on which the issuance of the permit or approval was based.
Whenever there is a violation of any of the conditions of an approval or
occupancy given by the Building Inspector for the use of any new materials,
equipment, methods of construction devices or appliances.
Whenever the property owner fails to allow reasonable inspections of the
property.
a (b) The notice revoking a permit, certificate of occupancy or approval shall be in writing
and shall be served upon the applicant for the permit, owner of the premises and his
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agent, if any, and on the person having charge of construction.
(c) A revocation placard shall also be posted upon the building structure, equipment or
premises in question by the Building Inspector
(d) After the notice is served upon the persons as aforesaid and posted, it shall be
unlawful for any person to proceed thereafter with any construction or demolition
operation whatsoever on the premises and the permit which has been so revoked
shall be null and void and before any construction or operation is again resumed, a
new permit, as required by THIS CODE, shall be procured and fees paid therefore
and thereafter the resumption of any construction or operation shall be in compliance
with the regulation of THIS CODE.
(6) FEES
Before receiving a permit, the owner or his agent shall pay the fee specified in Table 1 as
from time to time established by Resolution of the Common Council. In applying, the
provisions of THIS CODE, in respect to new work, existing buildings, alterations and repairs,
the value of the work shall be determined by the Building Inspector on the basis of current
market costs.
(7) MUNICIPAL PROJECTS - Fees are waived for all municipal funded projects.
(8) NO PERMITS TO VIOLATORS
Applicants having outstanding orders, or notices, or unpaid fees or forfeitures, relative to this
Chapter or other Chapters enforced by the City shall not be issued any additional permits,
prior to such orders, or notices, or unpaid fees or forfeitures being corrected or paid to the
Building Inspection Departments satisfaction.
(a) Exception: The Building Inspector may issue permits to applicants with outstanding
orders, or notices, or unpaid fees or forfeitures, when the permit is required to comply
with an outstanding order, or notice.
30.08 APPROVED PLANS
(1) A weather resistant card, signed by the Building Inspector, indicating the permit has been
issued shall be posted at the job site in clear view during construction. After issuance of a
building permit, the approved plans shall not be altered unless any proposed change is first
approved by the Building Inspector as conforming to the provision of THIS CODE.
(2) EXPIRATION OF PERMIT
(a) Existing buildings and any alterations or additions thereto, new commercial buildings,
accessory buildings and accessory structures.
Any permit shall become void unless operations are commenced within four (4)
months from the date the permit is issued or if the building or work authorized by
such permit is suspended at any time after work is commenced, for a period of more
than sixty (60) working days. All work shall be completed within eighteen (18)
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a months from the date the permit is issued. Time periods referenced herein may be
extended by the Building Inspector if the delay was due to conditions beyond the
control of the applicant. No additional permits for the same work will be issued unless
a timetable of completion is agreed upon by the Building Inspector Failure to comply
with the agreed upon timetable may result in the revocation of the permit and the
issuance of a citation for the offense.
(b) New one or two family dwellings
The permit shall expire twenty-four (24) months after issuance if the dwelling exterior
has not been completed (new one or two family construction only).
(3) Before any work is commenced or recommenced after the original permit has lapsed or been
revoked, a new permit shall be issued at 50% of the original fee (any additional proration of
the fee shall not be permitted). Permits issued in this manner shall expire 6 months from date
of issue.
(4) Non-transferability of Permits - Permits issued under THIS CODE shall be non-transferable
from one permit holder to another In cases where a contractor has applied for and obtained
a permit, commenced construction and for any reason whatsoever has abandoned or ceased
activity on the project, or has been removed from the project by the property owner, a new
permit must be obtained by the contractor hired to finish the work. Upon the property owners
written request for a new permit, and prior to the issuance of the new permit, the property
owner must schedule an inspection to determine the status of the job at the time the
contractors (permit applicants) were switched. In all such situations, there shall be no refund
of the original fee. The new applicant shall make application for and purchase a new permit,
which shall be assessed fees identical to those assessed for the original permit (pro-ration of
the fee shall not be permitted).
(5) Consent to Inspection or Permit Conditions - The acceptance by an applicant of any permit
issued under THIS CODE shall constitute the consent by such applicant and, if different, the
owner or owners thereof to any inspections required or permitted under THIS CODE or any
permit conditions imposed as a condition of approval of the permit, or other applicable legal
requirements.
30.09 RAZING OF BUILDINGS
(1) RAZING OF BUILDINGS
The Building Inspector is hereby authorized to act for the municipality under the provisions of
Section 66.05 of the Wisconsin Statutes, relating to the razing of buildings and all acts
amendatory thereof and supplementary thereto. The Clerk Treasurer is authorized to place
the assessment and collect the special tax as there in provided.
(2) Before a building can be demolished or removed, the owner or agent, shall notify all utilities
having service connections to or within the building, such as water, electric, gas, sewer and
other connections. A permit to demolish or to remove a building shall not be issued until it is
ascertained that service connections and appurtenant equipment, such as meters and
be filled with solid fill to match lot grade within five (5) days of removal of the structure. Any regulators, have been removed or sealed and plugged in a safe manner Excavations shall
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excavation shall be protected with appropriate fences, barriers andlor lights. Site restoration
shall be performed pursuant to City of Muskego Municipal Code, Chapter 29, Erosion Control
Ordinance requirements.
30.091 DEMOLITION
(1) PURPOSE AND SCOPE
This section is intended to Protect the Public Health and Safety of the public during the
demolition of any structure within the City of Muskego.
(2) AUTHORITY
(a) The building inspector is authorized to review, impose conditions , and issue
demolition permits and regulate demolition for all type A, Al. B, B1, C, and C1
structures, as defined below.
(b) The building inspection department is authorized to review, impose conditions, and
issue demolition permits for Type D and Dl structures, as defined below, upon Public
Service Committee approval of which a written recommendation from Building
inspector to the committee will be required.
(c) A permit will not be required for Internal Demolition if associated with remodeling of
the inside or other building improvements.
(3) DEFINITIONS
(a) Story surface area of space at least 6 6" high and excludes basement or crawl
spaces.
(b) WDOT. State of Wisconsin Department of Transportation Standard Specifications for
Highway and Structure construction.
(c) NR: Department of Natural Resources Administrative Codes
(d) Comm: Department of Commerce Administrative Codes,
(e) Types of Structures:
Type A: Storage shed, agricultural use buildings and garages greater than 1000 s.f.,
less than 10 feet from properly line or another structure.
Type AI: Storage shed, agricultural use buildings and garages less than 1000 s.f.,
greater than 10 feet from property line or another structure.
Type B: Single or two family living residences less than 3000 s.f., less than 10 feet
from property line or another structure.
Type BI: Single or two family living residences less than 3000 s.f.. greater than 10
ft. from property line or another structure.
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Type C:
1 Single or two family living residences greater than 3000 s.f., less than 10
feet from property line or another structure.
2. Three or more living unit structure less than 10 feet from property line or
another structure.
3. Commercial and Industrial structure ~5000 s.f., of two or more stories
less than 10 feet from property line or another structure.
Type GI:
1 Single or two family living residences greater than 3000 s.f, greater than 10
feet from property line or another structure.
2. Three or more living unit structures greater than 10 feet from property line
or another structure family home.
3. Commercial and Industrial structures 6000 s.f., greater than 10 feel from
Type D: Commercial and Industrial structure >5000 s.f., less than 10 feet from
Type Dl: Commercial and Industrial structure >5000 s.f., greater than 10 feet from
property line or another structure family home.
property line or another structure.
_. property line or another structure family home. -
(4) ADMINISTRATION OF DEMOLITION
(a) Fee Structures
1 Structures less than 5000 s.f. of structure and less than 40' in height: $30.00
02/square foot, whichever is greater up to a maximum of $100.00.
2. Structures over 5000 square foot or over 40' in height $100.00 or .04/s.f.,
whichever is greater
(b) Field inspections required at the following events:
1 Prior to commencement for site preparation compliance
a. Including sealing and locating utilities.
b. Including removal of underground storage tanks and before
filling.
2. After removal of sub structures and before filling.
a. Including response to complaint from adjacent occupants during
demolition.
3. Upon restoration and removal of final access barriers.
(c) Bonds
1 Performance bond will be required for demolition of type D and Dl structures in
the amount of $25.00/square foot of structure.
(d) Liability
1 The Property owner and his agents shall be responsible for all damage, losses
or nuisances caused by demolition activity and restoration and maintenance
thereof despite issuance and review of the demolition permit application by the
city's building inspection department.
2. Insurance for bodily injury and property damage will be required as follows:
a. Type D and Dl structures $1,000,000.
b. Type C and C1 structures $500,000.
(e) Schedules
1 Time for demolition from issuance of the permit to completion of site
restoration shall before one calendar year
2. Time extension may be granted for extenuating circumstances by building
inspection, however, the demolition shall also be subject to any new
regulations andlor conditions of the permit enacted since permit given.
3. Actual time given from moment demolition commences to the complete
restoration of the site shall be:
a. 6 calendar months for Type D structures.
b. 3 calendar months for Type C structures.
c. 1 calendar month for all others.
(f) Appeals may be sought as per City Ordinance, Chapter 30.
(9) If any part of this ordinance is found to be invalid it shall not invalidate the rest of
ordinance.
(5) SUBMITTALS AND SITE PREPARATION
Limited access to site with 4" minimum height perimeter fencing will be required for
demolition of Type 8, C, C1, D, Dl structures.
Freon removal from Type C, C1, D, Dl structures will be in accordance to Comm
Asbestos Removal from Type B, B1, C, C1, D, Dl, structures will be in accordance
with DNR Sections 4.06, 4.07 and 4.08
For type 8, B1, C, C1, D and Dl whose structure tax value is over $50,000 and over
50 years old will comply with COMM 53, unless waived by the City of Muskego
Common Council.
State Statutes to be complied with:
1 DNR NR 404(3), for secondary air attainment standards are to be met at
property line if said Type D structure is within 200 ft. of the property line.
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2. Dust Control for Type 6, B1, C, C1, D, Dl shall be in accordance of NR 404(3)
for secondary particulate emissions including; Crushed stone access drives for
haul vehicles and wetting down disturbed areas as needed. A water truck and
spray may be required on site as directed by Building Inspection Department.
3. Fuel tanks removal for C, C1, D, Dl structures shall be in accordance with
CO" 47
4. Structure C, C1, D, Dl demolition on previous waste disposal sites shall be
subject to applicable DNR regulations.
5. Structure demolition within well head protection zones shall be subject to the
City's well head ordinance regulations and said demolition plans shall meet the
approval of the Utility Committee.
6. Well shall be abandoned in accordance with NR 507
7 Disposal Sites shall be State approved sites only for Type C, C1, D, Dl
8. The following monitoring is required for Type D, Dl structures if toxicants are
found or known to be present in the present in Structure.
a. Air Quality; If said structure is within 200 feet of it's adjacent property lines
air sampling bags shall be placed at all four compass directions at property
line for the duration of demolition and be sampled once per month until
demolition is complete. The operation shall not generate dust exceeding NR
404 (3) for secondary particulate levels.
b. Ground water monitoring is required if the structure to be demolished is less
than 200 ft.
c. From a property line in granular or silty soils or 50' in clayish soils. a
monitoring well downstream of structure at property line shall be install
as per NR 507 and sampled accordingly:
(i) Sample 1 week before commencement of demolition.
(ii) Sample at end of demolition.
(iii) Abandon the monitoring well as per NR 507 requirements.
9. Ground water monitoring is not required for internal demolition.
10. Other toxicant identification for (Type D, Dl), structures shall be removed in
accordance with the applicable state and federal laws.
a. The method of removal of materials on EPA and DNR toxicity list (including
Lead Removal) shall meet the Approval of EPA and DNR prior to issuance
of permit.
b. When Toxic Organic matter is found the recommendation from recognized
industrial hygienist shall be met.
13
(e) City requirements for demolition:
1 Vibration for Type D structure demolition shall be less than 4 on Richter Scale at
the nearest property line of the structure if said structure is within 100 feet of
any of its property lines.
2. Adjacent structures, pedestrian and vehicular traffic shall be protected from
flying debris in the demotion of Type B, B1, C, C1, D, Dl if the structure to be
demolished is within a distance equal to height of structure to be demolished.
3. Flying debris protection shall be required between any structure or public
passageway and to be demolished if a structure or passageway is closer than
initial height of building and shall be of a height to be at least 8 ft. and withstand
wind loads of 20 p.s.f.
(6) PHYSICAL REMOVALS
(a) All basement footings, floors and walls shall be removed.
(b) Existing utility laterals and services shall be located and disconnected before
demolition commences. A 2" x 4 post at terminal of each utility service shall be
placed at the point of discontinuance.
0
(c) Partial removal of Type B, B1, C, C1, D, Dl structures shall require a renovation
permit In addition plans to protect the occupants during demolition and renovation
needs to be submitted including the continued accessibility for occupying portion of
building. Internal demolition, will be subject to E-1, 2, 3.
(d) The following conditions shall apply for any removal within 100 feet of another
structure of a separate building user or owner
1 Photograph or video tape all internal wall surfaces 7 days before demolition
commences of adjacent building's structure so as to record pre-demolition
condition. These records shall be given to the Building Inspection Department
before demolition commences for one full year after completion of demolition.
2. A structural engineer's report is required that will detail the protection and
renovation required of the adjacent shared wall. Those recommendations will
be added to the conditions of demolition permit and renovation permits.
3. Additional Permits required:
a. Renovation permit; Chapter 30.
b. Erosion control; Chapter 29.
c. Structure; Chapter 30.
d. HVAC; Chapter 30.
e. Plumbing; Chapter 30.
f. Electrical; Chapter 30.
14
0 g. Occupancy; Chapter 30.
(e) Footings and basement walls shall not be removed if they are within 10 feet of
another structure. Or portion thereof that is not to be removed.
1 Reuse of a footing and wall for another structure can be reused if inspected and
approved by city building inspector
(9 Approval of haul routes, by the appropriate jurisdictions will be required for Type C,
C1, D, Dl structures. Only on designated truck routes and one route from site to a
truck route approved by Supt. Of Public Works. The cargo of the hauling vehicle
will be required be enclosed if cargo material is under 12" in dimension.
(9) The use of explosives, may be permitted by the Public Services Committee only if:
1 The structure is more than 100 ft from any property line or another structure or
height of building whichever is greatest.
2. Fire department written approval and conditions are received and so Comm. 7
to be adhered to. Dust and flying debris control will be mandatory.
(h) Razing by burning will be permitted only by the Fire Chief
(i) All litter beyond access control fence, shall be removed before sunset of the day it
is deposited.
(7) RESTORATION
(a) Temporary restoration is permitted if the site is to be built upon within 6 months.
Temporary restoration will not require grading, leveling and landscaping of the site.
1 Use of dust proofing, waterproofing methods for temporary restoration to
be approved by Building Inspection.
(b) Permanent restoration will be required for Type B. 61, C, C1, D, Dl if the site is not
to be built upon within 6 months of completion of demolition and Chapter 29 of City
Ordinances shall apply.
(c) Back fill permitted for Type B, 61, C, C1, D, Dl may be demolition masonry or
concrete debris is permitted for backfill providing that no dimension of the material
exceeds than 6" and is not wood, plastics or steel or painted concrete.
(d) Other back filling shall meet WDOT Sections 207, 208 and 209
1 Compression of clays or granular soils with less than 10% silts or organic
material maybe 90%. However, a one calendar year wait will be required
to 12 higher than adjacent ground.
before a new structure can be built. In addition. the fill shall be mounded 6
2. Native soils shall otherwise be compressed to 95% density for future new
structure.
15
(e) Grading to match surrounding slopes and grades:
1, Landscaping shall be at least 6 topsoil, seeding and mulching placed in
accordance with WDOT Sections 625, 627, 629,and 630.
(f) Permanent Erosion Control conditions of Chapter 29 of City Ordinances will be
(9) Chapter 34 of City ordinances shall apply for all C, C1, D, and Dl demolition sites.
(h) Access control for Type A, AI, B, BI, C, C1, D, Dl structures during demolition will
consist of complete enclosure at least to a 4 height and for active sidewalk use
overhead shielding for necessary pedestrian and vehicle movements for Type C,
Cl, D, Dl.
required during and after demolition.
(i) Chapter 29 of City ordinances shall apply for erosion control during Demolition.
(i) After Demolition all barricades, silt fences, shields, equipment, etc., shall be
REUSE CERTIFICATE
(a) The sites of previous Type 6, 61, C. C1, D, Dl structures can be used for other
removed from the site.
facilities after a reuse certificate is issued by Building Inspector asserting that all
conditions of this ordinance is met.
(b) Site restoration may be modified or reduced if a building permit is taken out for a
new structure and site development if the permit(s) are taken out before expiration
of the demolition permit. In such cases, restoration will be governed by the
conditions of the building and site development permit(s).
30.10 INSPECTIONS
(1) REQUIRED AND PERMITTED INSPECTIONS
Following the issuance of any permit under THIS CODE, specific inspections are required.
A list of required inspections for particular projects can be obtained from the Building
notice or invitation, from time to time and at any time, inspect the work which is the subject of
Inspection Department upon request. Further, the Building Inspector may, with or without
the permit, to ascertain if the work is being done or executed in compliance with THIS CODE
and all other applicable legal requirements.
(2) PERMIT HOLDER DUTIES
The permit holder or authorized agent shall notify the Building Inspection Department at
such times as an inspection is required under THIS CODE. All ladders, scaffolds and other
equipment required to access the area to be inspected shall be provided by the property
owner, permit holder or their authorized agent. If, upon any inspection it is found that a
required inspection cannot be made because work to be inspected has been covered or
concealed, the property owner, permit holder or authorized agent shall uncover the work, as
directed by the Building Inspector, and no approval of covered or concealed work shall be
given until the required inspection can be made and the work complies with the provisions of
THIS CODE and other applicable state and local regulations. 0
16
0 (3) INSPECTION REQUESTS
The Building InsDector shall resDond to insDection reauests without unreasonable delav.
Upon inspection, the Building 'Inspector shall notify the property owner, permit hoider or
authorized agent of any defects found, approve the work or waive the inspection (action to
waive the inspection shall be in writing by the Building Inspector).
-.
(4) RESULTS NOTIFICATION
The Building Inspector shall notify the property owner, permit holder or authorized agent of
the results of the inspection on the official permit sticker which shall be posted on the
premises. Surfaces unsuitable for sticker placement such as footings, foundations or other
similar surfaces may require the use of lumber crayons, permanent markers or other means
to record results. In cases where there is no surface suitable for the placement of stickers
and where the use of lumber crayons or permanent markers would be detrimental to the
surface, the results shall be forwarded either verbally or in writing to the property owner,
permit holder or authorized agent. In all cases, a copy of the inspection results shall be
placed in the permanent records of the Building Department.
(5) EXISTING STRUCTURES
The Building Inspector shall have authority to make inspections from time to time, or as
otherwise required by THIS CODE, of all existing non-commercial structures to ascertain
whether the use, maintenance and occupancy is in accordance with all applicable
requirements. The Fire Inspector has primary responsibility for inspection of existing
commercial applications. 0
(6) RE-INSPECTION
When violations of THIS CODE are found to exist, the property owner, permit holder or
authorized agent shall cause required corrections to be made and shall contact the Building
inspection Department to arrange for re-inspection of the work. Each required inspection is
allotted one (1) re-inspection; subsequent re-inspections shall result in the assessment of a
re-inspection fee as from time to time established by resolution of the Common Council and
listed in TABLE #I Said re-inspection fee shall be paid prior to any further re-inspections of
the work.
(7) FINAL INSPECTION
Upon completion of any building, structure, equipment or other work for which a permit has
been issued and before same is occupied or used, a final inspection shall be made by the
Building Inspector, and until such building, structure, equipment or other work for which a
permit has been issued is in compliance with all applicable requirements of THIS CODE and
terms of the permit, a certificate of occupancy shall not be issued and no occupancy shall be
maintained.
(a) If a registered architect or engineer has supervised the construction or other work with
such time as the architect or engineer of record has provided a certificate of
respect to which a permit was issued, no certificate of occupancy shall be issued, until
17
compliance or completion statement to the Building Inspector The certificate or
statement shall certify that the work supervised or designed by the architect or
engineer has been completed in accordance with all the terms and conditions of the
permit, the approved plans and all provisions of THIS CODE.
(8) FAILURE TO REQUEST INSPECTION
Failure to request required inspections in a timely manner, or allowing work to be covered
prior to inspection, may result in the assessment of a penalty fee against the permit holder,
or owner of record; said penalty fee to be as from time to time established by resolution of
the Common Council and listed in Table #I
(9) SPECIAL INSPECTION WARRANT
In addition to the inspection powers of the Department under this Section, the Building
Inspector or his duly authorized agent(s) and the Fire Inspector(s) of the City are authorized
to obtain special inspection warrants as provided in Sections 66.122 and 66.123, Wis. Stats.,
to ascertain violations under this Chapter, other subject Chapters and other applicable legal
requirements.
(IO) BOARD OF APPEALS
Any person feeling aggrieved by any order or ruling of the Building Inspector may appeal
such ruling to the Board of Appeals within twenty (20) days after written notice of such ruling
shall have been delivered to him. Such appeal is to be in writing, setting forth the order
appealed from and the respects in which said person feeling aggrieved claims that said order
or ruling is erroneous or illegal. Said notice of appeal shall be filed with the Planning Director
or his duly authorized representative, who shall thereupon notify the Building Inspector of
said appeal, and the appeal shall be heard at the next meeting of the Board of Appeals. The
said Board of Appeals, after consideration thereof, shall affirm, reverse or modify said order
or ruling. The ruling or order of the Inspector shall be enforced until changed by said Board
of Appeals.
30.1 1 STOP WORK ORDER
Whenever the provisions of THIS CODE or of the plans approved thereunder are not complied
with, a stop work order shall be served on the owner or his representative and a copy thereof shall
be posted at the site of the construction. Such stop work order shall not be removed except by
written notice of the Building Inspector after satisfactory evidence has been supplied that the
violation has been corrected. In the event that work continues, or stops and then again resumes
after the stop work order has been posted and before the Building Inspector has provided written
notice that work may resume, each day that work continues shall constitute a separate offense
and the Building Inspector shall not be required to continually re-post the site.
30.1 2 CERTIFICATE OF OCCUPANCY
(1) INSPECTIONS
(a) The Building Inspector shall make a final inspection of all new buildings, additions and
alterations. If no violations of this or any other ordinance can be found the Building
Inspector shall issue a certificate of occupancy, stating the purpose for which the
building is to be used [see also 30.10(7)(a) and 30.07(5)(a)].
(b) No building, nor part thereof, shall be utilized or otherwise put into service, until such
final inspection has been approved and certificate of occupancy has been issued, nor
shall any building be utilized in any manner which conflicts with the conditions set
forth in the certificate of occupancy.
(2) USE DISCONTINUED
(a) Whenever any building or portion thereof is being used or occupied contrary to the
provisions of THIS CODE, the Building Inspector shall order such use or occupancy
discontinued and the building, or portion thereof, vacated by notice served on any
person using or causing such use or occupancy to be continued and such person
shall vacate such building or portion thereof within ten (IO) days after receipt of the
notice or make the building, or portion thereof, comply with the requirements of THIS
CODE.
(b) Any building, structure or premises, or any part thereof, hereafter vacated or
damaged by any cause whatsoever so as to jeopardize public safety or health, shall
not hereafter be occupied or used under an existing certificate of occupancy or
without the same, until an application has been filed and a new certificate of
occupancy issued.
0 (3) CHANGE
It shall be unlawful to change the use of any building, structure, premises or part thereof,
without first obtaining, from the Building Inspector and Planning Director, an approval of such
change in the occupancy or use and a certificate of occupancy therefore. See also Muskego
Municipal Code, Chapter 33.00, Business Occupancy Registration Ordinance.
(4) HARDSHIP
The Building Inspector shall have the authority and power to permit the occupancy of any
building or structure in the municipality, prior to issuance of any occupancy certificate, in all
such cases of hardship, as in his judgment and discretion, warrant occupancy before final
stage of completion as set forth in THIS CODE. Before granting such permission, the
Building Inspector shall first examine the premises and determine if it is safe and sanitary.
The Building Inspector shall determine the time within which such building or structure can be
completed. Such time should not exceed one hundred twenty (120) days.
CHAPTER IV. - DESIGN
30.13 GENERAL REQUIREMENTS
DESIGN REQUIREMENTS - Wind load, snow load, live load, dead load, soil bearing
classifications, slopes, clearances and any other applicable load andlor design requirements shall
be as required by COMM 20 - 25 or COMM 50 - 64,66 8 69.
19
a CHAPTER V. -ACCESSORY BUILDINGS AND GARAGES
30.14 ACCESSORY BUILDINGS
(1) ACCESSORY BUILDINGS
Accessory Building, shall mean a detached, non-commercial, or non-dwelling, or non-garage
structure.
(a) STORAGE SHED
A structure conforming to the height and area limitations of Muskego Municipal
Zoning Ordinance, Chapter 17, Section 4.05(2)G.
(1) Foundation to be minimum of 4 stone placed under pressure treated lumber,
asphalt flooring, sealed concrete block or concrete with anchor bolts at each
corner and every 6 feet o/c to secure treated bottom plate to foundation or 2 -
16D common nails in each corner and every 16 inches o/c (nails shall not be
used for anchorage to masonry foundations).
(2) Roof and Wall framing to be minimum 2x4 #2 or better in accordance with
construction requirements of 30.15(5.).
(b) POLE BUILDING
A structure using post and beam construction in place of conventional 2x4 or 2x6
framing. All such buildings shall comply with the following design criteria regardless of
the buildings intended use.
(1) Wisconsin registered architect or engineer shall stamp and sign all plans for
support DEAD LOADS in accordance with COMM 53.10, SNOW LOADS in
pole buildings (regardless of size) verifying the structure has been designed to
accordance with COMM 53.11, WIND LOADS in accordance with COMM
53.12 and that the design meets or exceeds the design requirements of
COMM 53.28 for pole type foundations.
(2) Floor surfaces to be concrete in accordance with 30.15(4.) Exception -
detached accessory structures used for housing equine (pole foundation must
concrete floors shall not be required in stable areas and/or riding areas of
be designed accordingly to meet restraint requirements).
30.1 5 GARAGES
(1) GARAGE DEFINED
Garage shall mean either attached or detached private non-commercial garage.
(a) An attached private garage shall mean a private garage attached directly to the
principal building, or attached by means of an enclosed or open breezeway, porch,
terrace or vestibule, or a private garage so constructed as to form an integral part Of
the principal building.
20
0 (b) A detached private garage shall mean a private garage entirely separated from the
principal building.
(2) LOCATIONS
Detached garages shall be governed by the following unless otherwise provided for in
appropriate codes.
(a) Garages of wood frame construction shall be located not less than ten (10) feet from
any residence building, except that such distance may be reduced to not less than five
(5) feet when the adjacent wall is protected as required for attached garages in COMM
21.08(5). Such separations shall be measured as the perpendicular distance from the
exterior dwelling wall to the closest exterior garage or accessory building wall.
(3) FOUNDATIONS AND FOOTINGS
Foundations for attached and detached private garages shall be constructed in accordance
with (a) and (b) below.
(a) Attached private garages shall be provided with the same type footings and
foundations as required herein for the principal building. Concrete floors shall be not
less than four (4) inches in thickness.
(b) Detached private garages may be built with a continuous floating slab of reinforced
concrete not less than four (4) inches in thickness. Reinforcement shall be a
minimum of number 10 six by six (6 X 6) inch wire mesh. The slab shall be provided
with a thickened edge all around, twelve (12) inches wide and twelve (12) inches
below the top of the slab. Exterior wall curbs shall be provided not less than four (4)
inches above the finished ground grade adjacent to the garage. Bolts three-eighths
(318) inches in diameter with nuts and washers attached, six (6) inches long, shall be
embedded three (3) inches in the raised concrete curb of detached garages, no more
than 18 inches from corners and shall have a maximum spacing of eight (8) feet on
centers.
(4) FLOOR SURFACE
The floor in all private garages shall be of concrete construction and sloped toward the
exterior garage door or opening at a rate of 118 inch drop per foot of run. No openings or pits
in the floor shall be permitted, except for drainage. Note: Floor drains placed within garages
shall be designed to meet all applicable plumbing codes and shall discharge to daylight, see
plumbing inspector for additional details.
(5) CONSTRUCTION
Private garages shall be constructed as follows:
(a) Load bearing foundation walls and partitions shall be constructed per 30.18(3) above.
(b) Private garages of wood frame construction shall be constructed with the following
requirements.
21
1, Studs for wall framing shall be a minimum of 2 x 4, with a maximum spacing
of twenty-four (24) inches on centers. Bottom plate(s) in contact with masonry
or concrete shall be of treated material. Top plate(s) shall be doubled with end
joints staggered a minimum of 48 inches.
2. Diagonal corner bracing shall be installed on both walls at each corner
Diagonal corner bracing may be applied on the inside surface of studs
(plywood, let-in 1 X 4's or metal T-strips designed for this purpose are
acceptable as corner bracing).
3. Corner posts may consist of two (2) two by four (2 X 4) inch studs or a single
four by four (4 X 4) inch stud.
4. Collar beams or joists at the top plate and collar ties in the upper one third of
the roof shall be installed with a maximum spacing of forty-eight (48) inches
on center Collar beams may be two by six (2 X 6) inch. Collar ties shall be at
least two by four (2 X 4) inch for roof slopes less than four (4) inches per foot.
A one by six (1 X 6) inch collar tie may be used for roof slopes four (4) inches
per foot or greater
5. Garage roofs shall be framed in accordance with the applicable requirements
of section COMM 21.28.
CHAPTER VI. - DECKS
30.16 DECKS
(1) DECK
Deck shall mean any structure which serves as a raised horizontal platform or floor
constructed of wood or other materials, without enclosing walls, either attached or detached.
(a) Attached Deck: Any deck which is physically connected to the principal building or
accessory structure.
(b) Detached Deck: Any deck which is not physically attached to the principal building or
accessory structure.
(2) FOUNDATIONS
Deck foundations shall be of adequate bearing area to safely distribute all live and dead
loads to the supporting soil without exceeding the bearing capacity of the soil.
(a) Detached deck foundations - supporting pad size, post size and post spacing to
provide adequate bearing for applicable loads in conjunction with soil bearing
conditions.
(b) Attached deck foundations - shall be designed in accordance with COMM 21.225(1),
(2L (3), (4)J (6).
22
(3) FRAMING - Deck framing shall be in accordance with COMM 21 19, 21.22, 21.225(5) 8. (6).
CHAPTER VII. - FOUNDATION REPAIR
30.17 FOUNDATION REPAIRS AND DAMP-PROOFING
(1) Application for permit shall include a statement of the existing defects, and an analysis of
the cause of those existing defects to ensure that all conditions responsible for foundation
defects are corrected.
(2) Plans andlor specifications must be submitted for approval prior to issuance of a permit.
(3) General Foundation Requirements
Walls that are not plumb may be reinforced if supported by engineering data
showing benefit of the reinforcing.
1 When repairing any portion of a wall that has deflected more than h/240 (where
h = height of wall in inches) from plumb, that portion must be excavated,
Example: 8 ft high wall X 12 inches per R = 96 inches high, divided by 240 = .4
or 3/8 inch - maximum permitted deflection (.125 = 1/8", .25 = %", ,375 = 318,
.5 = x, ,625 = 5/a", 75 = w, ,875 = 710).
2. When the affected repair includes porches or stoops, support for same shall
comply with frost protection requirements of the UDC.
The excavated wall must be cleaned, loose parging removed, cracks and parging
must be repaired with Type M mortar or equal, and walls made plumb and damp
proofed with one coat of bituminous material or other approved materials.
If drain tile is not present in the affected area, a drain tile system must be installed
and terminated in a newly installed sump with pump or in a properly functioning
existing drain collection system provided that it does not discharge to the sanitary
sewer
Prior to back fill, an inspection is required by the department after which backfill with
number one washed stone shall be provided to within eighteen inches of final grade.
Final grade must ensure drainage away from the foundation.
Pilasters must be made integral with the exterior wall and reinforced with at least two
number three rods and filled with 3000 PSI cement grout material. Pilasters must be
a maximum of four feet apart.
Any other form of reinforcing will require engineered data to be submitted at the time
of permit application to include complete system analysis.
23
0 (h) Affected walls to be repaired shall have loose or cracked mortar joints cleaned to a
minimum depth of 112" and tuck pointed with type M mortar or equal.
(i) When installing weep holes in foundation walls, care must be taken to provide
adequate drainage from weep holes to drain tile by either stone or mechanical
means. No more than one mechanically drilled weep hole is permitted per cell. When
the floor is replaced, a minimum of 3' of concrete shall be placed over the drain tile
and a minimum of 2' of concrete over the footing. Lateral support must be
maintained at the floor level. An exception to match the existing concrete floor level is
allowed.
(i) Drain tile placed under the basement floor shall be of the approved type not less than
3 in diameter or equivalent area and shall be covered with number 1 washed stone
connected to a proper sump with pump or an existing city storm water system. All
exposed bleeders must be open. The sump pit must discharge in accordance with
Muskego Municipal Code, Chapter 16, Section 16.20.
CHAPTER VIII. - MISCELLANEOUS AND VIOLATIONS
30.18 NEW MATERIALS AND METHODS
ALTERNATE MATERIALS - No provision in THIS CODE is intended to prohibit or prevent the use
of any alternate material or method of construction not specifically mentioned in THIS CODE.
method of construction performs in a manner equal to the material or method required by THIS
Requests for approval shall be accompanied by evidence showing that the alternate material or
CODE.
30.19 TESTS
The Building Inspector may request engineering calculations or other tests to substantiate the
alternate proposal is equivalent to or superior to that which is required by THIS CODE. The cost of
such verification shall be borne by the person requesting the approval.
(1) The test method used to determine the performance shall be one that is a nationally
recognized standard.
(2) If no nationally recognized standard exists, past performance or recognized engineering
analysis may be used to determine suitability.
(3) Ungraded or used building materials may be used or reused as long as the material posses
the essential properties necessary to achieve the level of performance required by THIS
CODE for the intended use. The municipality enforcing THIS CODE may require tests In
accordance with this Section.
30.20 IDENTIFICATION OF PRODUCTS
All materials shall be identified by the approved label, the grade mark, the trade mark or by other
aDDrOVed manufacturer's identification
24
30.21 VALIDITY OF PAST 0 If any section, subsection, paragraph, clause or provision of THIS CODE shall be adjudged invalid,
such adjudication shall apply only to the provisions so adjudged and the rest of THIS CODE shall
remain valid and effective.
30.22 VIOLATIONS
It shall be unlawful for any person to erect, use, occupy or maintain any building or structure in
violation of any provisions of THIS CODE, or to cause, permit or suffer any such violations to be
committed. Any person violating any of the provisions 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. If, in any action, a permit was issued, it shall not constitute a defense nor shall any error,
oversight or dereliction of duty on the part of the Building Inspector constitute a defense.
30.23 FAILURE TO OBTAIN PERMIT
It shall be unlawful to commence work prior to obtaining a permit. Penalty fees as from time to
time established by resolution of the Common Council and listed in TABLE #1 shall be charged if
work is commenced prior to the issuance of a permit.
CIlYHALUORO:ORD998
2s
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 conflict with the provisions of this ordinance are hereby repealed as to those terms that
conflict.
SECTION 3: This ordinance is in full force and effect from and after its passage and publication.
PASSED AND APPROVED THIS 28th DAY OF September ,1999
CITY OF MUSKEG0 /
David L. De Angelis, Mayor
ATTEST: First Reading: 9/14/99
Cover Ordinance Published on the 71h
day of October, 1999.
9l99jmb
PROPOSED AMENDMENT
COMMON COUNCIL - CITY OF MUSKEG0
ORDINANCE #998
AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 30 OF
(MUNICIPAL BUILDING CODE)
THE MUNICIPAL CODE OF THE CITY OF MUSN~GO / The Common Council of the City of Muskego, Waukesha do ordain as
follows:
SECTION I. Chapter 30 of the Municipal Code of the City,6f Muskego, Wisconsin is hereby
amended.
repealed and recreated and made a part of the Municipal as adopted by Ordinance #998, as
SECTION 2: A copy of said Ordinance has been on Ofice of the City Clerk-Treasurer
and open to public inspection for not less than two weiks prior to the date of this Ordinance and
said Ordinance is hereby incorporated into the Municipal Code of the City.
SECTION 3. The several sections of this ordinaFce 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 deckon 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 Lhich shall remain in full force and effect. Any other
ordinance whose terms conflict with the prov~s~ons of this ordinance are hereby repealed as to
those terms that conflict.
1
1
I
/ ..
SECTION 4: This ordinance is in and effect from and after its passage and publication.
PASSED AND APPROVED THW-DAY OF / 1999
1 CITY OF MUSKEGO
/ David L. De Angelis, Mayor
ATTEST. First Reading: 9/14/99
Published on the day of
October, 1999.
PROPOSED AMENDMENT
COMMON COUNCIL - CITY OF
ORDINANCE #998
AN ORDINANCE TO REPEAL AND RECREATE,CHAPTER 30 OF
THE MUNICIPAL CODE OF THE CITY OF MUSKEG0
(MUNICIPAL BUILDING
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as follows:
SECTION 1: Chapter 30 of the Municipal Code of the ,City of Muskego, Wisconsin is hereby
repealed and recreated to read as follows:
P
/”
CHAPTER I. GENERAL
SECTION 30.00
SECTION 30.01
SECTION 30.02
SECTION 30.03
SECTION 30.04
CHAPTER 30-BUILDING CODE
Scope
Title
Application of "Wisconsin Administrative Code"
Application of "Wisconsin Uniform Dwelling Code"
Application of "Muskego Municipal Building Code"
CHAPTER II. DEFINITIONS
SECTION 30.05 General
CHAPTER 111. BUILDING INSPECTOR AND PERMITS
SECTION 30.06
SECTION 30.07
SECTION 30.08
SECTION 30.09
SECTION 30.091
SECTION 30.10
SECTION 30.1 1
SECTION 30.12
CHAPTER IV. DESIGN
SECTION 30.13
Building Inspector
Permits
Approved Plans
Razing of Buildings
Demolition
Inspections
Stop-Work Order
Certificate of Occupancy
General Requirements
CHAPTER V. ACCESSORY BUILDINGS AND GARAGES
SECTION 30.14 Accessory Buildings
SECTION 30.15 Garages
"
CHAPTER VI. DECKS
SECTION 30.16 Decks
CHAPTER VII. FOUNDATION REPAIR
SECTION 30.17 Foundation Repairs and Damp-proofing
CHAPTER VIII. MISCELLANEOUS AND VIOLATIONS
SECTION 30.18 New Materials 8 Methods
SECTION 30.19 Tests
SECTION 30.20 Identification of Products
SECTION 30.21 Validity of Past
SECTION 30.22 Violations
SECTION 30.23 Failure to Obtain Permit
CHAPTER I. -GENERAL
30.00 SCOPE
The provisions of the MUSKEG0 MUNICIPAL BUILDING CODE (THIS CODE) shall govern the
design, construction, alteration, and demolition of all buildings and structures within the City of
Muskego, except that THIS CODE shall not apply to AGRICULTURAL BUILDINGS as defined by
Chapter 30, Section 30.12(1.) other than farm residences.
30.01 TITLE
These regulations shall be known and cited as “Muskego Municipal Building Code” and shall be
construed to secure their expressed intent and to ensure public safety, health and welfare insofar
as they are dependent upon building construction.
30.02 APPLICATION OF “WISCONSIN ADMINISTRATIVE BUILDING AND HEATING,
VENTILATING AND AIR CONDITIONING CODE”.
The Wisconsin Administrative Building and Heating, Ventilating and Air Conditioning Code,
Chapter W CO“ 50 through 64, 66 and 69, all inclusive and all amendments thereto, are
hereby made a part of THIS CODE by reference with respect to those classes of buildings to
which such provisions apply. A copy of said code is on file in the office of the Clerk-Treasurer
30.03 APPLICATION OF “WISCONSIN UNIFORM DWELLING CODE”.
The Wisconsin Uniform Dwelling Code, Chapters 20 through 25. inclusive and all amendments
thereto, are hereby made a part of THIS CODE by reference and shall apply to all one and two
family dwellings and alterations and additions thereto. For purposes of THIS CODE the Wisconsin
Uniform Dwelling Code shall also apply to alterations and additions to all one and two family
dwellings constructed prior to the effective date of the Wisconsin Uniform Dwelling Code. (see
also Section 30.1 2 - Definitions) A copy of said code is on file in the office of the Clerk-Treasurer
30.04 APPLICATION OF “MUSKEG0 MUNICIPAL BUILDING CODE”.
All buildings and structures hereafter erected, altered, repaired, moved or demolished that are
used or designed to be used for the purpose herein defined shall comply in full with the
requirements of THIS CODE.
ZONING LAWS
No provision of THIS CODE shall be construed to repeal, modify or constitute an alternative
to any lawful zoning regulations.
NEW BUILDINGS
The construction requirements of the Muskego Municipal Building Code shall apply to all
buildings not covered under Section 30.02, with the exception of AGRICULTURAL
BUILDINGS (see Section 30.00 - SCOPE).
EXISTING BUILDINGS
I
0 THIS CODE shall also apply to buildings and conditions described in this section.
(a) CONVERSION TO ONE OR TWO FAMILY DWELLING -An existing building to be
occupied as a one or two family dwelling which building was not previously so
occupied.
(b) REPAIR OF AN EXISTING STRUCTURE - An existing structure that is repaired,
when the cost of such repairs during the life of the structure exceeds fifty (50)
percent of the equalized value of the structure, said value to be determined by the
assessor Note: Repair work which does not exceed 50% of the equalized value of
the existing structure shall be required to comply with the code that was in effect
when the component or work was originally constructed. In cases where the exact
date of construction cannot be determined or in the event a copy of the code for that
particular period cannot be located, the Building Inspector shall determine the
applicable code.
When determining cost of repairs, only structural work which extends the life of the
structure shall be included, such as: rafters, decking, headers, foundations, studs,
etc. Items which are non-structural such as doors, windows, plumbing. electrical,
carpet, paint and trim, shall not be included.
(c) ADDITIONS AND ALTERATIONS -Additions and alterations, regardless of cost,
made to an existing building shall comply with the requirements of THIS CODE. The
provisions of subsection (4) of this section shall also apply. 0 (d) ROOF COVERINGS - Roof Coverings - Whenever more than twenty-five (25)
percent of the roof covering of a building is replaced in any twelve-month period, all
roof covering shall be in conformity with applicable sections of THIS CODE.
(4) ALTERATIONS AND REPAIRS
The following provisions shall apply to buildings altered or repaired:
(a) Alterations -Alterations to any existing building or structure, accommodating a legal
occupancy and use, but of non-conforming type of construction which involves either
the structural members of floors or roofs, beams, girders, columns, bearing or other
walls, room arrangement, heating and air conditioning systems, insulation or energy
efficiency, light and ventilation, changes in location of exit stairways or exits or any
of the above, shall be made to conform to the minimum requirements of THIS
CODE, applicable to such occupancy and use and given type of construction.
(b) Repairs - Repairs for purposes of maintenance, or replacements in any existing
building or structure which do not involve the structural portions (load bearing or
non-load bearing) of the building or structure, or which do not effect room
arrangement, light and ventilation, access to or efficiency of any exit stairways or
exits, fire protection, heating or air conditioning, insulation or energy efficiency,
plumbing, electrical, or exterior aesthetic appearance and which do not increase a
given occupancy and use, shall be deemed minor repairs, exempt from plan
submittal requirements.
2
0 (c) Alterations and Repairs Required -When any of the structural members of any
building or structure have deteriorated from any cause whatsoever, to less than their
required strength, the owner of such a building or structure shall cause such
structural members to be restored to their required strength: failing in which the
building or structure shall be considered a menace to public safety and shall be
vacated and thereafter no further occupancy or use of the same shall be permitted
until the regulations of THIS CODE are complied with.
(d) Extent of Deterioration - The amount and extent of deterioration of any existing
building or structure shall be determined by the Building Inspector
(e) Use of Unsanitary Building - It shall be unlawful to occupy or use or permit the
occupancy or use of any building or structure that is unsanitary or dilapidated, or
deteriorated, or out of repair, thereby being unfit for human habitation, occupancy or
use until the regulations of THIS CODE have been complied with.
CHAPTER II. - DEFINITIONS
30.05 GENERAL
DEFINITIONS: - For purposes of THIS CODE, the definitions listed below and those found in UiR CO" 20.07 shall apply. Exception: All definitions found in &!=R CO" 20.07 referencing
"DWELLING or "DWELLING UNIT". shall also apply to all other non dwelling, non commercial or 0 non agricultural structures within the City.
(I) AGRICULTURAL STRUCTURE
A building located on a parcel of 35 acres or more of contiguous land which is devoted
primarily to agricultural use as defined by s.91.01(1), Wis.Stats., and which during the year
preceding, produced gross farm profits, as defined in s.71.58(4), WisStats., of not less than
$6,000 or which, during the 3 years preceding, produced gross farm profits, as defined in
s.71.58(4). WisStats., of not less than $18,000; or a parcel of 35 or more acres of which at
least 35 acres are enrolled in the farmland preservation program. Note: In addition to the
above criteria, commentary issued from time to time by W COMM may also be utilized
when determining qualifications for agricultural structure exempt status.
(2) BUILDING
Any structure used, designed or intended for the roofed, shelter, enclosure or protection of
persons, animals or property of any kind.
(3) BUILDING INSPECTOR
The Director of Building Inspection or other duly authorized individual
(4) COST OF PROPOSED WORK- See "Value of proposed work 0 (5) EQUIPMENT
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As specifically regulated by THIS CODE, includes heating, cooling, air conditioning, and
ventilation systems: plumbing and sanitary systems; electric and power systems;
telephone, electronic and radio signal and annunciator systems: dry cleaning, dyeing and
washing machines; elevators and dumb waiters; gas pipe systems; standpipes; sprinkler
systems; fire protection apparatus, fire extinguishers, and pumps, oil burners, stokers, and
conveyors; refrigerating systems; devices, machinery and apparatus of every description;
furnace(s), boiler(s); high or low pressure steam systems; gasoline pumps; all movable or
portable containers of every description; all pressure vessels or other tanks; and all
other self-contained systems used in conjunction with buildings or structures.
STRUCTURE
As specifically regulated by THIS CODE, Structure shall have the meaning as defined by
the Muskego Municipal Code, Chapter 17, Section 2.02 (59) and COMM 51.01 (125).
VALUE OF PROPOSED WORK
For purposes of THIS CODE, cost or value of proposed work shall mean the fair market or
retail value of the work as would be charged by a professional contractor if competitive bids
were obtained. In no case shall value of proposed work or cost of proposed work mean the
actual cost to the property owner or permit applicant to acquire the materials and perform
the work.
(a) In the case of a non-conforming structure affected by the 50% equalized value rule,
[see: 30.04 (3.) (b.)], the value of the work shall include only structural work which
extends the life of the structure such as: rafters, decking, headers, foundations,
studs, etc. Items which are non-structural such as doors, windows, plumbing,
electrical, carpet, paint and trim, shall not be included.
WRECKING
For purposes of THIS CODE, wrecking shall include demolition, dismantling or tearing
down of framing members, whether weight bearing or not, and shall not include the
removal of gypsum wallboard, paneling or other similar surface coverings.
CHAPTER 111. - BUILDING INSPECTOR AND PERMITS
30.06 BUILDING INSPECTOR
There is hereby created the Department of Building Inspection. The Director of Building
head of this department.
Inspection, hereafter referred to as Building Inspector, appointed by the Municipality, shall act as
(1) DUTIES
The Building Inspector is vested with the authority and responsibility to enforce all
laws controlling safe building construction. He shall make inspections at the site of buildings
damaged, by any cause whatsoever, to determine the safety of buildings affected thereby. a
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0 The Fire Inspector shall have primary responsibility to make periodic inspection of existing
public buildings to determine their safety.
(2) AUTHORITY
The Building Inspector, or his duly authorized agent, shall have the power and authority, at
all reasonable hours, for any proper purpose, to enter upon any public or private premises
and make inspection thereof and to require the production of the permit for any building, or
plumbing, or electrical, or heating, or air conditioning work being done, or the required
license therefore. No person shall interfere with or refuse to permit access to any
such premises to the above described representatives of the municipality while in the
performance of their duties [see 30.07(5)(a.)7].
In cases where access has been denied the Building Inspector may obtain a special
inspection warrant or a criminal search warrant as applicable [see 30.10(9)].
(3) RECORDS
There shall be kept, in the Department of Building Inspection, a record of all
applications for building permits in a book for such purpose and each permit shall be
regularly numbered in the order of its issue. Also, a record showing the number, description
size of all buildings erected indicating the kind of materials used and the cost of each
building and aggregate cost of all buildings in the various classes, shall be kept. There shall
be kept, in the Department of Building Inspection. a record of all inspections made of all
removal and condemnation of buildings and a record of all fees collected showing the date
of their receipt. The Building Inspector shall make a written annual report to the governing
body of the municipality relative to these matters.
30.07 PERMITS
(1) PERMITS REQUIRED
No building or structure, or any part thereof, shall hereafter be built, enlarged, altered or
demolished within the municipality or moved into, within or out of the municipality except as
hereinafter provided, unless a permit therefore shall first be obtained by the owner or his
agent from the Building Inspector
Permits required are as follows:
(a) Building
(b) Air conditioning
(c) Wrecking, demolition or razing (includes bearing or non-bearing walls)
(d) Heating
(e) Occupancy
(0 Re-roofing and residing
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0 (9) Other permits as required by governing municipality andlor as listed in the Table No.
1 permit fee schedule.
(2) APPLICATION FOR PERMITS
Application for a 4tikhg permit shall be made in writing upon a blank form to be furnished
by the Building Inspector and shall state the name and address of the owner of the building
and the owner of the land on which the work is to be performed, the name and address of
the contractor, the house number thereof and such other information as the Building
Inspector may require. With such application, there shall be submitted, to the Building
Inspector, three (3) complete sets of plans, specifications and three (3) copies of a
survey (commercial projects) and two (2) complete sets of plans, specifications and two (2)
copies of a survey (non-commercial).
(a) Survey - Shall meet all requirements of Muskego Municipal Code, Chapter 18,
Section 18.33(4).
(b) Plans and Specifications - All plans shall be drawn to a scale not less than
one-fourth (114) inch per foot, on paper or cloth in ink, or by some other process that
will not fade or obliterate, and shall disclose the existing and proposed provisions for
water supply, sanitary sewer connections and surface water drainage. All
dimensions shall be accurately figured. Drawings that do not show all necessary
detail shall be rejected. A complete set of plans for residential construction shall
consist of:
1
2.
3.
4.
5.
6.
7
8.
9.
10.
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All elevations.
All floor plans.
Footing to roof wall cutaway, including foundation wall height.
Complete construction details.
Beam type, size and header sizes.
Openable area of windows and glass area.
Door sizes and swing direction.
Intended room use labeled - example: bedroom, utility, etc.
Lumber type - example: SPF, Douglas Fir, etc. and Fb rating -- example:
1200, 2100, etc. (obtain from lumber supplier).
TJI - Micro-lam - or other similar component - provide: manufacturer and size.
Fireplace details (314 inch per foot) showing cross section of fireplace and
flues.
6
12. Plans of garage when garage is to be built immediately or location of garage
when it is to be built at a later date. All plans shall remain on file in the office
of the Building Inspector until at least one (1) year after the completion of the
building, after which time the Building Inspector may return the same to the
owner, may keep them for public record or may destroy them.
(3) WAIVER OF SOME REQUIREMENTS
At the option of the Building Inspector. plans, data, specifications and survey need not be
submitted with an application for permit to execute minor alterations and repairs to any
building, structure or equipment, provided the proposed construction is sufficiently
described in the application for permit.
(4) DRAINAGE - Shall be governed by Muskego Municipal Code, Chapter 17, Section 6.01(2).
(5) INSPECTOR MAY REVOKE PERMITS.
(a) The Building Inspector may revoke any permit, certificate of occupancy or approval
issued under the regulations of THIS CODE and may stop construction, demolition
or use of approved materials, equipment, methods of construction, devices or
appliances for any of the following reasons:
1 Whenever there is a violation of any regulation of THIS CODE or of any
other ordinance, law or lawful orders or Wisconsin Statute relating to the
same subject matter
2. Whenever the continuance of any construction or demolition becomes
dangerous to life or property.
3. Whenever there is any violation of any condition or provision of the permit.
4. Whenever, in the opinion of the Building Inspector, there is inadequate
supervision provided on the job site.
5. Whenever any false statement or misrepresentation has been made in the
application for permit, plans, drawings, data, specifications or certified lot or
plot plan on which the issuance of the permit or approval was based.
6. Whenever there is a violation of any of the conditions of an approval or
occupancy given by the Building Inspector for the use of any new materials,
equipment, methods of construction devices or appliances.
7 Whenever the property owner fails to allow reasonable inspections of the
property.
(b) The notice revoking a permit, certificate of occupancy or approval shall be in writing
and shall be served upon the applicant for the permit, owner of the premises and his
agent, if any, and on the person having charge of construction.
(c) A revocation placard shall also be posted upon the building structure, equipment or
premises in question by the Building Inspector
(d) After the notice is served upon the persons as aforesaid and posted, it shall be
unlawful for any person to proceed thereafter with any construction or demolition
operation whatsoever on the premises and the permit which has been so revoked
shall be null and void and before any construction or operation is again resumed, a
new permit, as required by THIS CODE, shall be procured and fees paid therefore
with the regulation of THIS CODE.
and thereafter the resumption of any construction or operation shall be in compliance
FEES
Before receiving a 4&hg permit, the owner or his agent shall pay the fee specified in Table
1 as from time to time established by Resolution of the Common Council. In applying, the
provisions of THIS CODE, in respect to new work, existing buildings, alterations and repairs,
the value of the work shall be determined by the Building Inspector on the basis of current
market costs.
MUNICIPAL PROJECTS - Fees are waived for all municipal funded projects.
NO PERMITS TO VIOLATORS
Applicants having outstanding orders, or notices, or unpaid fees or forfeitures, relative to
this Chapter or other Chapters enforced by the City shall not be issued any additional
permits, prior to such orders, or notices, or unpaid fees or forfeitures being corrected or
paid to the Building Inspection Departments satisfaction.
(a) Exception: The Building Inspector may issue permits to applicants with outstanding
orders, or notices, or unpaid fees or forfeitures, when the permit is required to
comply with an outstanding order, or notice.
30.08 APPROVED PLANS
(1) A weather resistant card, signed by the Building Inspector, indicating the permit has been
issued shall be posted at the job site in clear view during construction. After issuance of a
building permit. the approved plans shall not be altered unless any proposed change is first
approved by the Building Inspector as conforming to the provision of THIS CODE.
(2) EXPIRATION OF PERMIT
(a) Existing buildings and any alterations or additions thereto, new commercial
buildings, accessory buildings and accessory structures.
%e&&!+g permit shall become void unless operations are commenced within
four (4) months from the date the permit is issued or if the building or work
authorized by such permit is suspended at any time after work is commenced, for a
period of more than sixty (60) working days. All work shall be completed within
herein may be extended by the Building Inspector if the delay was due to conditions twelve (18) months from the date the permit is issued. Time periods referenced
..
8
beyond the control of the applicant. No additional permits for the same work will be
issued unless a timetable of completion is agreed upon by the Building Inspector
Failure to comply with the agreed upon timetable may result in the revocation of the
permit and the issuance of a citation for the offense.
(b) New one or two family dwellings
The 4ddhg permit shall expire twenty-four (24) months after issuance if the
dwelling exterior has not been completed (new one or two family construction only).
(3) Before any work is commenced or recommenced after the original permit has lapsed or
been revoked, a new permit shall be issued at 50% of the original fee (any additional
proration of the fee shall not be permitted). Permits issued in this manner shall expire 6
months from date of issue.
(4) Non-transferability of Permits - Permits issued under THIS CODE shall be non-transferable
from one permit holder to another In cases where a contractor has applied for and obtained
a permit, commenced construction and for any reason whatsoever has abandoned or
ceased activity on the project, or has been removed from the project by the property owner,
a new permit must be obtained by the contractor hired to finish the work. Upon the property
owners written request for a new permit, and prior to the issuance of the new permit, the
property owner must schedule an inspection to determine the status of the job at the time
the contractors (permit applicants) were switched. In all such situations, there shall be no
refund of the original fee. The new applicant shall make application for and purchase a new
permit, which shall be assessed fees identical to those assessed for the original permit (pro-
ration of the fee shall not be permitted).
(5) Consent to Inspection or Permit Conditions - The acceptance by an applicant of any
permit issued under THIS CODE shall constitute the consent by such applicant and, if
different, the owner or owners thereof to any inspections required or permitted under
THIS CODE or any permit conditions imposed as a condition of approval of the permit, or
other applicable legal requirements.
30.09 RAZING OF BUILDINGS
(1) RAZING OF BUILDINGS
The Building Inspector is hereby authorized to act for the municipality under the provisions
of Section 66.05 of the Wisconsin Statutes, relating to the razing of buildings and all acts
amendatory thereof and supplementary thereto. The Clerk Treasurer is authorized to
place the assessment and collect the special tax as there in provided.
(2) Before a building can be demolished or removed, the owner or agent, shall notify all utilities
having service connections to or within the building, such as water, electric, gas, sewer and
other connections. A permit to demolish or to remove a building shall not be issued until it is
ascertained that service connections and appurtenant equipment, such as meters and
regulators, have been removed or sealed and plugged in a safe manner, Excavations shall
be filled with solid fill to match lot grade within five (5) days of removal of the structure. Any
excavation shall be protected with appropriate fences, barriers andlor lights. Site restoration
9
0 shall be performed pursuant to City of Muskego Municipal Code, Chapter 29, Erosion
Control Ordinance requirements.
30.091 DEMOLITION
(1) PURPOSE AND SCOPE
This section is intended to Protect the Public Health and Safety of the public during the
demolition of any structure within the City of Muskego.
(2) AUTHORITY
(a) The building inspector is authorized to review, impose conditions , and issue
demolition permits and regulate demolition for all type A, AI, B, BI. C, and C1
structures, as defined below.
(b) The building inspection department is authorized to review, impose conditions, and
issue demolition permits for Type D and Dl structures, as defined below, upon
Public Service Committee approval of which a written recommendation from Building
inspector to the committee will be required.
(c) A permit will not be required for Internal Demolition if associated with remodeling of
the inside or other building improvements.
0 (3) DEFINITIONS
(a) Story surface area of space at least 6' 6 high and excludes basement or crawl
spaces.
(b) WDOT. State of Wisconsin Department of Transportation Standard Specifications
for Highway and Structure construction.
(c) NR: Department of Natural Resources Administrative Codes,
(d) Comm: Department of Commerce Administrative Codes.
(e) Types of Structures:
Type A: Storage shed, agricultural use buildings and garages greater than 1000 s.f.,
less than 10 feet from property line or another structure.
Type AI: Storage shed, agricultural use buildings and garages less than 1000 s.f..
greater than 10 feet from property line or another structure.
Type B: Single or two family living residences less than 3000 s.f., less than 10 feet
from property line or another structure.
Type BI: Single or two family living residences less than 3000 sf., greater than 10
ft. from property line or another structure.
10
a Type C:
1 Single or two family living residences greater than 3000 sf.. less than 10
feet from property line or another structure.
2. Three or more living unit structure less than 10 feet from property line
or another structure.
3. Commercial and Industrial structure c5000 s.f., of two or more stories
less than 10 feet from property line or another structure.
Type C1:
1 Single or two family living residences greater than 3000 s.f. greater than 10
feet from property line or another structure.
2. Three or more living unit structures greater than 10 feet from property line
or another structure family home.
3. Commercial and Industrial structures ~5000 sf., greater than 10 feet from
property line or another structure family home.
Type D: Commercial and Industrial structure >5000 s.f.. less than 10 feet from
Type Dl: Commercial and Industrial structure >5000 s.f., greater than 10 feet from
property line or another structure.
property line or another structure family home.
0 (4) ADMINISTRATION OF DEMOLITION
(a) Fee Structures
1 Structures less than 5000 s.f. of structure and less than 40' in height: $30.00
02/square foot, whichever is greater up to a maximum of $100.00.
2. Structures over 5000 square foot or over 40' in height $100.00 or .04/s.f.,
whichever is greater
(b) Field inspections required at the following events:
1 Prior to commencement for site preparation compliance
a. Including sealing and locating utilities.
b. Including removal of underground storage tanks and before
filling.
2. After removal of sub structures and before filling.
a. Including response to complaint from adjacent occupants during
demolition.
3. Upon restoration and removal of final access barriers,
(c) Bonds
1 Performance bond will be required for demolition of type D and Dl
structures in the amount of $25,00/square foot of structure.
(d) Liability
1 The Property owner and his agents shall be responsible for all damage, losses
or nuisances caused by demolition activity and restoration and maintenance
thereof despite issuance and review of the demolition permit application by the
city's building inspection department.
2. Insurance for bodily injury and property damage will be required as follows:
a. Type D and Dl structures $1,000,000.
b. Type C and C1 structures $500,000.
(e) Schedules
1 Time for demolition from issuance of the permit to completion of site
restoration shall before one calendar year
2. Time extension may be granted for extenuating circumstances by building
inspection, however, the demolition shall also be subject to any new
regulations andlor conditions of the permit enacted since permit given.
3. Actual time given from moment demolition commences to the complete
restoration of the site shall be:
a. 6 calendar months for Type D structures.
b. Calendar months for Type C structures.
c. 1 calendar month for all others.
(f) Appeals may be sought as per City Ordinance, Chapter 30,
(9) If any part of this ordinance is found to be invalid it shall not invalidate the rest of
ordinance.
SUBMITALS AND SITE PREPARATION
Limited access to site with 4 minimum height perimeter fencing will be required for
demolition of Type B,C,CI ,D.DI structures.
Freon removal from Type C. C1, D, Dl, structures will be in accordance to Comm
5.72. Asbestos Removal from Type B, BI, C, C1, D, Dl, structures will be in
accordance with DNR Sections 4.06, 4.07 and 4.08
50 years old will comply with COMM 53, unless waived by the City of Muskego
For type B. BI, C, C1, D and Dl whose structure tax value is over $50,000 and over
Common Council.
State Statutes to be complied with:
1 DNR NR 404(3), for secondary air attainment standards are to be met at
property line if said Type D structure is within 200 ft. of the property line.
2. Dust Control for Type B, BI. C. C1. D. Dl shall be in accordance of NR 404(3)
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for secondary particulate emissions including; Crushed stone access drives
for haul vehicles and wetting down disturbed areas as needed. A water truck
and spray may be required on site as directed by Building Inspection
Department.
3. Fuel tanks removal for C, C1, D, Dl structures shall be in accordance with
COMM 47
4. Structure C, C1, D. Dl demolition on previous waste disposal sites shall be
subject to applicable DNR regulations.
5. Structure demolition within well head protection zones shall be subject to the
City's well head ordinance regulations and said demolition plans shall meet the
approval of the Utility Committee.
6. Well shall be abandoned in accordance with NR 507
7 Disposal Sites shall be State approved sites only for Type C, C1, D. Dl
8. The following monitoring is required for Type D,D1 structures if toxicants are
found or known to be present in the present in Structure.
a. Air Quality; If said structure is within 200 feet of it's adjacent property lines
air sampling bags shall be placed at all four compass directions at property
line for the duration of demolition and be sampled once per month until
demolition is complete. The operation shall not generate dust exceeding NR
404 (3) for secondary particulate levels.
less than 200 ft.
b. Ground water monitoring is required if the structure to be demolished is
c. From a property line in granular or silty soils or 50' in clayish soils. a
monitoring well downstream of structure at property line shall be install
as per NR 507 and sampled accordingly:
(i) Sample 1 week before commencement of demolition.
(ii) Sample at end of demolition.
(iii) abandon the monitoring well as per NR 507 requirements.
9. Ground water monitoring is not required for internal demolition
10. Other toxicant identification for (Type D ,Dl), structures shall be removed in
accordance with the applicable state and federal laws.
a. The method of removal of materials on EPA and DNR toxicity list (including
Lead Removal) shall meet the Approval of EPA and DNR prior to issuance
of permit.
b. When Toxic Organic matter is found the recommendation from recognized
industrial hygienist shall be met.
0 (e) City requirements for demolition:
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1 Vibration for Type D structure demolition shall be less than 4 on Richter
Scale at the nearest property line of the structure if said structure is within 100
feet of any of its property lines.
2. Adjacent structures, pedestrian and vehicular traffic shall be protected from
flying debris in the demotion of Type B, BI, C, C1, D, Dl if the structure to be
demolished is within a distance equal to height of structure to be demolished.
3. Flying debris protection shall be required between any structure or public
than initial height of building. and shall be of a height to be at least 8 ft. and
passageway and to be demolished if a structure or passageway is closer
withstand wind loads of 20 p.s.f.
(6) PHYSICAL REMOVALS
All basement footings, floors and walls shall be removed.
Existing utility laterals and services shall be located and disconnected before
demolition commences. A 2 x 4 post at terminal of each utility service shall be
placed at the point of discontinuance.
Partial removal of Type B, BI, C, C1, D, Dl structures shall require a renovation
permit In addition plans to protect the occupants during demolition and renovation
needs to be submitted including the continued accessibility for occupying portion of
building. Internal demolition, will be subject to E-I, 2, 3.
The following conditions shall apply for any removal within 100 feet of another
structure of a separate building user or owner:
1 Photograph or video tape all internal wall surfaces 7 days before demolition
commences of adjacent building's structure so as to record pre-demolition
condition. These records shall be given to the Building Inspection Department
before demolition commences for one full year after completion of demolition.
2. A structural engineer's report is required that will detail the protection and
renovation required of the adjacent shared wall. Those recommendations will
be added to the conditions of demolition permit and renovation permits.
3. Additional Permits required:
a. Renovation permit; Chapter 30.
b. Erosion control: Chapter 29.
c. Structure; Chapter 30.
d. HVAC; Chapter 30.
e. Plumbing; Chapter 30.
f. Electrical; Chapter 30.
g. Occupancy, Chapter 30.
14
(e) Footings and basement walls shall not be removed if they are within 10 feet of
another structure. Or portion thereof that is not to be removed.
1 Reuse of a footing and wall for another structure can be reused if inspected
and approved by city building inspector,
(f) Approval of haul routes, by the appropriate jurisdictions will be required for Type C,
C1, D,D1 structures .Only on designated truck routes and one route from site to a
truck route approved by Supt. Of Public Works. The cargo of the hauling vehicle
will be required be enclosed if cargo material is under 12" in dimension.
(9) The use of explosives, may be permitted by the Public Services Committee
only if
1 The structure is more than 100 ft from any property line or another structure
or height of building whichever is greatest.
2. Fire department written approval and conditions are received and so Comm. 7
to be adhered to. Dust and flying debris control will be mandatory.
(h) Razing by burning will be permitted only by the Fire Chief.
(i) All litter beyond access control fence, shall be removed before sunset of the day it
is deposited.
0 (7) RESTORATION
(a) Temporary restoration is permitted if the site is to be built upon within 6 months.
Temporary restoration will not require grading, leveling and landscaping of the site.
1 Use of dust proofing, waterproofing methods for temporary restoration to
be approved by Building Inspection.
(b) Permanent restoration will be required for Type B, BI, C. C1. D, Dl if the site is not
to be built upon within 6 months of completion of demolition and Chapter 29 of
City Ordinances shall apply.
(c) Back fill permitted for Type B, B1, C, C1, D, Dl may be demolition masonry or
concrete debris is permitted for backfill providing that no dimension of the material
exceeds than 6" and is not wood, plastics or steel or painted concrete.
(d) Other back filling shall meet WDOT Sections 207, 208 and 209.
1 Compression of clays or granular soils with less than 10% silts or organic
material maybe 90%. However, a one calendar year wait will be required
before a new structure can be built. In addition, the fill shall be mounded 6"
to 12 higher than adjacent ground.
2. Native soils shall otherwise be compressed to 95% density for future new
structure.
(e) Grading to match surrounding slopes and grades:
1
accordance with WDOT Sections 625,627,629.and 630.
Landscaping shall be at least 6 topsoil, seeding and mulching placed in
(f) Permanent Erosion Control conditions of Chapter 29 of City Ordinances will be
required during and after demolition.
(9) Run off detention for the difference between a 2 year storm on vegetated area and
100 year runoff of increased impermeable area shall be constructed for all type C,
C1, D and Dl structural demolition sites, as per the city's runoff control ordinance.
consist of complete enclosure at least to a 4' height and for active sidewalk use
overhead shielding for necessary pedestrian and vehicle movements for Type C,
Cl, D, Dl.
(h) Access control for Type A, AI, 6, 61, C, Cl, D, Dl structures during demolition will
(i) Chapter 29 of City ordinances shall apply for erosion control during Demolition,
(j) After Demolition all barricades, silt fences, shields, equipment, etc., shall be
removed from the site.
REUSE CERTIFICATE
(a) The sites of previous Type B, BI, C, C1, D. Dl structures can be used for other
facilities after a reuse certificate is issued by Building Inspector asserting that that
all conditions of this ordinance is met.
(b) Site restoration may be modified or reduced if a building permit is taken out for a
new structure and site development if the permit(s) are taken out before expiration
of the demolition permit. In such cases, restoration will be governed by the
conditions of the building and site development permit(s).
30.10 INSPECTIONS
REQUIRED AND PERMITTED INSPECTIONS
Following the issuance of any permit under THIS CODE, specific inspections are required.
A list of required inspections for particular projects can be obtained from the Building
Inspection Department upon request. Further, the Building Inspector may, with or without
notice or invitation, from time to time and at any time, inspect the work which is the subject
of the permit, to ascertain if the work is being done or executed in compliance with THIS
CODE and all other applicable legal requirements.
PERMIT HOLDER DUTIES
The permit holder or authorized agent shall notify the Buildingjnspection Department at
such times as an inspection is required under THIS CODE. All ladders, scaffolds and other
equipment required to access the area to be inspected shall be provided by the property
owner, permit holder or their authorized agent. If, upon any inspection it is found that a
required inspection cannot be made because work to be inspected has been covered or
concealed, the property owner, permit holder or authorized agent shall uncover the work, as
directed by the Building Inspector. and no approval of covered or concealed work shall be
16
given until the required inspection can be made and the work complies with the provisions
of THIS CODE and other applicable state and local regulations.
(3) INSPECTION REQUESTS
The Building Inspector shall respond to inspection requests without unreasonable delay.
Upon inspection, the Building Inspector shall notify the property owner, permit holder or
authorized agent of any defects found, approve the work or waive the inspection (action to
waive the inspection shall be in writing by the Building Inspector).
(4) RESULTS NOTIFICATION
The Building Inspector shall notify the property owner, permit holder or authorized agent of
the results of the inspection on the official permit sticker which shall be posted on the
premises. Surfaces unsuitable for sticker placement such as footings, foundations or other
similar surfaces may require the use of lumber crayons, permanent markers or other means
to record results. In cases where there is no surface suitable for the placement of stickers
and where the use of lumber crayons or permanent markers would be detrimental to the
surface, the results shall be forwarded either verbally or in writing to the property owner,
permit holder or authorized agent. In all cases, a copy of the inspection results shall be
placed in the permanent records of the Building Department.
(5) EXISTING STRUCTURES
0 The Building Inspector shall have authority to make inspections from time to time, or as
otherwise required by THIS CODE, of all existing non-commercial structures to ascertain
whether the use, maintenance and occupancy is in accordance with all applicable
requirements. The Fire Inspector has primary responsibility for inspection of existing
commercial applications.
(6) RE-INSPECTION
When violations of THIS CODE are found to exist, the property owner, permit holder or
authorized agent shall cause required corrections to be made and shall contact the Building
Inspection Department to arrange for re-inspection of the work. Each required inspection is
allotted one (1) re-inspection; subsequent re-inspections shall result in the assessment of a
re-inspection fee as from time to time established by resolution of the Common Council and
listed in TABLE #I, Said re-inspection fee shall be paid prior to any further re-inspections of
the work.
(7) FINAL INSPECTION
Upon completion of any building, structure, equipment or other work for which a permit has
been issued and before same is occupied or used, a final inspection shall be made by the
Building Inspector, and until such building, structure, equipment or other work for which a
permit has been issued is in compliance with all applicable requirements of THIS CODE and
terms of the permit, a certificate of occupancy shall not be issued and no occupancy shall
be maintained.
17
0 (a) If a registered architect or engineer has supervised the construction or other work
with respect to which a permit was issued, no certificate of occupancy shall be
issued, until such time as the architect or engineer of record has provided a
certificate of compliance or completion statement to the Building Inspector The
certificate or statement shall certify that the work supervised or designed by the
architect or engineer has been completed in accordance with all the terms and
conditions of the permit, the approved plans and all provisions of THIS CODE.
FAILURE TO REQUEST INSPECTION
Failure to request required inspections in a timely manner, or allowing work to be covered
or owner of record; said penalty fee to be as from time to time established by resolution of
prior to inspection, may result in the assessment of a penalty fee against the permit holder,
the Common Council and listed in Table #I
SPECIAL INSPECTION WARRANT
In addition to the inspection powers of the Department under this Section, the Building
Inspector or his duly authorized agent(s) and the Fire Inspector(s) of the City are authorized
to obtain special inspection warrants as provided in Sections 66.122 and 66.123. Wis.
Stats.. to ascertain violations under this Chapter, other subject Chapters and other
applicable legal requirements.
BOARD OF APPEALS
Any person feeling aggrieved by any order or ruling of the Building Inspector may appeal
such ruling to the Board of Appeals within twenty (20) days after written notice of such
ruling shall have been delivered to him. Such appeal is to be in writing, setting forth the
order appealed from and the respects in which said person feeling aggrieved claims that
said order or ruling is erroneous or illegal. Said notice of appeal shall be filed with the
Planning Director or his duly authorized representative, who shall thereupon notify the
Building Inspector of said appeal, and the appeal shall be heard at the next meeting of the
Board of Appeals. The said Board of Appeals, after consideration thereof, shall affirm,
reverse or modify said order or ruling. The ruling or order of the Inspector shall be enforced
until changed by said Board of Appeals.
30.11 STOP WORK ORDER
Whenever the provisions of THIS CODE or of the plans approved thereunder are not complied
with, a stop work order shall be served on the owner or his representative and a copy thereof shall
be posted at the site of the construction. Such stop work order shall not be removed except by
written notice of the Building Inspector after satisfactory evidence has been supplied that the
violation has been corrected. In the event that work continues, or stops and then again resumes
after the stop work order has been posted and before the Building Inspector has provided written
notice that work may resume, each day that work continues shall constitute a separate offense
and the Building Inspector shall not be required to continually re-post the site.
30.12 CERTIFICATE OF OCCUPANCY
(1) INSPECTIONS
(a) The Building Inspector shall make a final inspection of all new buildings, additions
and alterations. If no violations of this or any other ordinance can be found the
which the building is to be used [see also 30.10(7.)(a.) and 30.07(5.)(a.)].
Building Inspector shall issue a certificate of occupancy, stating the purpose for
(b) NO building. nor part thereof, shall be utilized or otherwise put into service, until such
final inspection has been approved and certificate of occupancy has been issued, nor
shall any building be utilized in any manner which conflicts with the conditions set
forth in the certificate of occupancy.
(2) USE DISCONTINUED
(a) Whenever any building or portion thereof is being used or occupied contrary to the
provisions of THIS CODE, the Building Inspector shall order such use or occupancy
discontinued and the building, or portion thereof, vacated by notice served on any
person using or causing such use or occupancy to be continued and such person
shall vacate such building or portion thereof within ten (10) days after receipt of the
notice or make the building, or portion thereof, comply with the requirements of THIS
CODE.
(b) Any building, structure or premises, or any part thereof, hereafter vacated or
damaged by any cause whatsoever so as to jeopardize public safety or health, shall
not hereafter be occupied or used under an existing certificate of occupancy or
without the same, until an application has been filed and a new certificate of
occupancy issued. a
(3) CHANGE
It shall be unlawful to change the use of any building, structure, premises or part thereof,
without first obtaining, from the Building Inspector and Planning Director, an approval of
such change in the occupancy or use and a certificate of occupancy therefore. See also
Muskego Municipal Code, Chapter 33.00, Business Occupancy Registration Ordinance.
(4) HARDSHIP
The Building Inspector shall have the authority and power to permit the occupancy of any
building or structure in the municipality, prior to issuance of any occupancy certificate, in all
such cases of hardship, as in his judgment and discretion, warrant occupancy before final
stage of completion as set forth in THIS CODE. Before granting such permission, the
Building Inspector shall first examine the premises and determine if it is safe and sanitary.
The Building Inspector shall determine the time within which such building or structure can
be completed. Such time should not exceed one hundred twenty (120) days.
19
CHAPTER IV. - DESIGN
30.13 GENERAL REQUIREMENTS
DESIGN REQUIREMENTS - Wind load, snow load, live load, dead load, soil bearing
classifications. slopes. clearances and any other applicable load and/or design requirements shall
be as required by W Co" 20 - 25 or UAR CO" 50 - 64, 66 8 69.
CHAPTER V. -ACCESSORY BUILDINGS AND GARAGES
30.14 ACCESSORY BUILDINGS
(1) ACCESSORY BUILDINGS
Accessory Building, shall mean a detached, non-commercial, or non-dwelling, or non-
garage structure.
(a) STORAGE SHED
A structure conforming to the height and area limitations of
Muskego Municipal Zoning Ordinance, Chapter 17. Section 4.05(2)G.
(1) Foundation to be minimum of 4 stone placed under pressure treated
lumber, asphalt flooring, sealed concrete block or concrete with anchor bolts
at each corner and every 6 feet olc to secure treated bottom plate to
foundation or 2 -16D common nails in each corner and every 16 inches olc
(nails shall not be used for anchorage to masonry foundations).
(2) Roof and Wall framing to be minimum 2x4 #2 or better in accordance with
construction requirements of 30.15(5.).
(b) POLE BUILDING
A structure using post and beam construction in place of conventional 2x4 or 2x6
framing. All such buildings shall comply with the following design criteria regardless
of the buildings intended use.
(1) Wisconsin registered architect or engineer shall stamp and sign all plans for
pole buildings (regardless of size) verifying the structure has been designed
to support DEAD LOADS in accordance with +!=!=R CO" 53.10, SNOW
LOADS in accordance with W COMM 53.1 1, WIND LOADS in accordance
with UAR CO" 53.12 and that the design meets or exceeds the design
requirements of UR 53.28 for pole type foundations.
(2) Floor surfaces to be concrete in accordance with 30.15(4.) Exception -
concrete floors shall not be required in stable areas andlor riding areas of
detached accessory structures used for housing equine (pole foundation must
be designed accordingly to meet restraint requirements).
20
30.15 GARAGES
(1) GARAGE DEFINED
Garage shall mean either attached or detached private non-commercial garage.
(a) An attached private garage shall mean a private garage attached directly to the
principal building, or attached by means of an enclosed or open breezeway, porch,
terrace or vestibule, or a private garage so constructed as to form an integral part of
the principal building.
(b) A detached private garage shall mean a private garage entirely separated from the
principal building.
(2) LOCATIONS
Detached garages shall be governed by the following unless otherwise provided for in
appropriate codes.
(a) Garages of wood frame construction shall be located not less than ten (IO) feet from
any residence building, except that such distance may be reduced to not less than
five (5) feet when the adjacent wall is protected as required for attached garages in
M COMM 21.08(5). Such separations shall be measured as the perpendicular
distance from the exterior dwelling wall to the closest exterior garage or accessory
building wall.
(3) FOUNDATIONS AND FOOTINGS
with (a) and (b) below.
Foundations for attached and detached private garages shall be constructed in accordance
(a) Attached private garages shall be provided with the same type footings and
foundations as required herein for the principal building. Concrete floors shall be not
less than four (4) inches in thickness.
(b) Detached private garages may be built with a continuous floating slab of reinforced
concrete not less than four (4) inches in thickness. Reinforcement shall be a
minimum of number 10 six by six (6 X 6) inch wire mesh. The slab shall be provided
with a thickened edge all around, twelve (12) inches wide and twelve (12) inches
below the top of the slab. Exterior wall curbs shall be provided not less than four (4)
inches above the finished ground grade adjacent to the garage. Bolts three-eighths
(3/8) inches in diameter with nuts and washers attached, six (6) inches long, shall be
embedded three (3) inches in the raised concrete curb of detached garages, no more
than 18 inches from corners and shall have a maximum spacing of eight (8) feet on
centers.
(4) FLOOR SURFACE
The floor in all private garages shall be of concrete construction and sloped toward the
pits in the floor shall be permitted, except for drainage. Note: Floor drains placed within
exterior garage door or opening at a rate of 118 inch drop per foot of run. No openings or e
21
0 garages shall be designed to meet all applicable plumbing codes and shall discharge to
daylight, see plumbing inspector for additional details.
(5) CONSTRUCTION
Private garages shall be constructed as follows:
(a) Load bearing foundation walls and partitions shall be constructed per 30.18(3)
above.
(b) Private garages of wood frame construction shall be constructed with the following
requirements.
1 Studs for wall framing shall be a minimum of 2 x 4, with a maximum spacing
of twenty-four (24) inches on centers. Bottom plate(s) in contact with
masonry or concrete shall be of treated material. Top plate(s) shall be
doubled with end joints staggered a minimum of 48 inches.
2. Diagonal corner bracing shall be installed on both walls at each corner
Diagonal corner bracing may be applied on the inside surface of studs
(plywood, let-in 1 X 4's or metal T-strips designed for this purpose are
acceptable as corner bracing).
0
3. Corner posts may consist of two (2) two by four (2 X 4) inch studs or a single
four by four (4 X 4) inch stud.
4. Collar beams or joists at the top plate and collar ties in the upper one third of
the roof shall be installed with a maximum spacing of forty-eight (48) inches
on center Collar beams may be two by six (2 X 6) inch. Collar ties shall be
at least two by four (2 X 4) inch for roof slopes less than four (4) inches per
foot. A one by six (1 X 6) inch collar tie may be used for roof slopes four (4) I
inches per foot or greater
5. Garage roofs shall be framed in accordance with the applicable requirements
of section K#B CO" 21.28.
I CHAPTER VI. - DECKS
30.16 DECKS
I (1) DECK
a
Deck shall mean any structure which serves as a raised horizontal platform or floor
detached.
constructed of wood or other materials, without enclosing walls, either attached or
(a) Attached Deck: Any deck which is physically connected to the principal building or
accessory structure.
22
0 (b) Detached Deck: Any deck which is not physically attached to the principal building or
accessory structure.
(2) FOUNDATIONS
Deck foundations shall be of adequate bearing area to safely distribute all live and dead
loads to the supporting soil without exceeding the bearing capacity of the soil.
(a) Detached deck foundations - supporting pad size, post size and post spacing to
provide adequate bearing for applicable loads in conjunction with soil bearing
conditions.
(b) Attached deck foundations - shall be designed in accordance with +K=R
21.225(1), (21, (3). (4)& (6).
(3) FRAMING - Deck framing shall be in accordance with UIR CO" 21 19. 21.22. 21.225(5)
8 (6)
CHAPTER VII. -FOUNDATION REPAIR
30.17 FOUNDATION REPAIRS AND DAMP-PROOFING
(1) Application for permit shall include a statement of the existing defects, and an analysis of the
cause of those existing defects to ensure that all conditions responsible for foundation
defects are corrected. 0
(2) Plans and/or specifications must be submitted for approval prior to issuance of a permit.
(3) General Foundation Requirements
0
(a) Walls that are not plumb may be reinforced if supported by engineering data showing
benefit of the reinforcing.
1 When repairing any portion of a wall that has deflected more than h1240
(where h = height of wall in inches) from plumb, that portion must be
excavated, Example: 8 ft high wall X 12 inches per ft = 96 inches high, divided
by 240 = .4 or 3/8 inch - maximum permitted deflection (.I25 = 1/8", 25 = X",
,375 = 3/a". .5 = w, ,625 = 518". ,75 = w. .a75 = 718").
2. When the affected repair includes porches or stoops, support for same shall
comply with frost protection requirements of the UDC.
(b) The excavated wall must be cleaned, loose parging removed, cracks and parging
must be repaired with Type M mortar or equal, and walls made plumb and damp
proofed with one coat of bituminous material or other approved materials.
(c) If drain tile is not present in the affected area, a drain tile system must be installed
and terminated in a newly installed sump with pump or in a properly functioning
23
0 existing drain collection system provided that it does not discharge to the sanitary
sewer
Prior to back fill, an inspection is required by the department after which backfill with
number one washed stone shall be provided to within eighteen inches of final grade.
Final grade must ensure drainage away from the foundation.
Pilasters must be made integral with the exterior wall and reinforced with at least two
number three rods and filled with 3000 PSI cement grout material. Pilasters must be
a maximum of four feet apart.
Any other form of reinforcing will require engineered data to be submitted at the time
of permit application to include complete system analysis.
Affected walls to be repaired shall have loose or cracked mortar joints cleaned to a
minimum depth of 1/2 and tuck pointed with type M mortar or equal.
When installing weep holes in foundation walls, care must be taken to provide
adequate drainage from weep holes to drain tile by either stone or mechanical
means. No more than one mechanically drilled weep hole is permitted per cell.
When the floor is replaced, a minimum of 3” of concrete shall be placed over the
drain tile and a minimum of 2” of concrete over the footing. Lateral support must be
maintained at the floor level. An exception to match the existing concrete floor level
is allowed.
Drain tile placed under the basement floor shall be of the approved type not less than
3 in diameter or equivalent area and shall be covered with number I washed stone
connected to a proper sump with pump or an existing city storm water system. All
exposed bleeders must be open. The sump pit must discharge in accordance with
Muskego Municipal Code, Chapter 16, Section 16.20.
CHAPTER VIII. - MISCELLANEOUS AND VIOLATIONS
30.18 NEW MATERIALS AND METHODS
ALTERNATE MATERIALS - No provision in THIS CODE is intended to prohibit or prevent the use
of any alternate material or method of construction not specifically mentioned in THIS CODE.
Requests for approval shall be accompanied by evidence showing that the alternate material or
method of construction performs in a manner equal to the material or method required by THIS
CODE.
30.19 TESTS
The Building Inspector may request engineering calculations or other tests to substantiate the
alternate proposal is equivalent to or superior to that which is required by THIS CODE. The cost of
such verification shall be borne by the person requesting the approval.
24
The test method used to determine the performance shall be one that is a nationally
recognized standard.
If no nationally recognized standard exists, past performance or recognized engineering
analysis may be used to determine suitability.
Ungraded or used building materials may be used or reused as long as the material posses
the essential properties necessary to achieve the level of performance required by THIS
CODE for the intended use. The municipality enforcing THIS CODE may require tests In
accordance with this Section.
30.20 IDENTIFICATION OF PRODUCTS
All materials shall be identified by the approved label, the grade mark, the trade mark or by other
approved manufacturer's identification
30.21 VALIDITY OF PAST
If any section, subsection, paragraph, clause or provision of THIS CODE shall be adjudged invalid,
such adjudication shall apply only to the provisions so adjudged and the rest of THIS CODE shall
remain valid and effective.
30.22 VIOLATIONS
It shall be unlawful for any person to erect, use, occupy or maintain any building or structure in
violation of any provisions of THIS CODE, or to cause, permit or suffer any such violations to be
committed. Any person violating any of the provisions 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. If, in any action, a permit was issued, it shall not constitute a defense nor shall any error,
oversight or dereliction of duty on the part of the Building Inspector constitute a defense.
30.23 FAILURE TO OBTAIN PERMIT
It shall be unlawful to commence work prior to obtaining a permit. Penalty fees as from time to
time established by resolution of the Common Council and listed in TABLE #I shall be charged if
work is commenced prior to the issuance of a permit.
CITYHALUORD:ORD998
2s
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 conflict with the provisions of this ordinance are hereby repealed as to those terms that
conflict.
SECTION 3: This ordinance is in full force and effect from and after its passage and publication
PASSED AND APPROVED THIS DAY OF , 1999
CITY OF MUSKEGO
David L. De Angelis, Mayor
ATTEST. First Reading: 9/14/99
Clerk-Treasurer Cover Ordinance Published on the
day of October, 1999.
9199jmb