ORD20041170-..
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1170
AN ORDINANCE REPEAL AND RECREATE CHAPTER 30
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Building Code)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain
as follows:
SECTION 1: Chapter 30 is hereby repealed and recreated and made a part of the
Municipal Code of the City of Muskego as amended and adopted by Ordinance #1170.
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.
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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, 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provisions of this ordinance are hereby repealed as to those terms that conflict.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 4: This ordinance is in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 27th DAY OF APRIL ,2004
CITY OF MUSKEGO
.If{iL,vJj(f -1 ~d Mark A. Slocomb Mayor
First Reading: 4/13/04
Published on the 6th day of May, 2004
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ATTEST: ,YL/" ~/1-?-Jr (;7lerk Treasurer
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- AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1170
AN ORDINANCE REPEAL AND RECREATE CHAPTER 30
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Building Code)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as
follows:
SECTION 1: Chapter 30 is hereby repealed and recreated to read as follows:
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CITY OF MUSKEGO
CHAPTER 30 . BUILDING CODE
(Ord. #998 - 10-07-99)
CHAPTER I. . GENERAL
30.00 SCOPE
The provisions of the MUSKEGO MUNICIPAL BUILDING 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": .
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The Wisconsin Administrative Building and Heating, Ventilating and Air Conditioning Code,
Chapter COMM 61-65 and the Wisconsin Enrolled Commercial Building Code Volumes 1 and 2, 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 "MUSKEGO 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.
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(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).
(3) EXISTING BUILDINGS
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.
(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.
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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.
(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 COMM
20.07 shall apply. Exception: All definitions found in COMM 20.07 referencing "DWELLING" or
"DWELLING UNIT', shall also apply to all other non dwelling, non commercial or non agricultural
structures within the City.
(1 )
(2)
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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), Wis.Stats., 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.
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.
COST OF PROPOSED WORK- See "Value of proposed work". (4)
(5) 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, alld conveyors;
refrigerating systems; devices, machinery and apparatus of every descrrption; 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.
(6) 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)
(7) VALUE OF PROPOSED WORK
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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.
(8) 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 III. . BUILDING INSPECTOR AND PERMITS
30.06 BUILDING INSPECTOR
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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.
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(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.
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 co~t 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)
(b)
Building
Air conditioning
(c) Wrecking, demolition or razing (includes bearing or non-bearing walls)
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(d)
(e)
(f)
(g)
Heating
Occupancy
Re-roofing and residing
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,
Section 18.33, or as approved by the Engineering/Building Inspection Director.
(b) Plans and Specifications - All plans shall be drawn to a scale not less than one-
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)
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10. T JI - Micro-lam - or other similar component - provide: manufacturer and size
11. Fireplace details (3/4 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)
(5)
DRAINAGE - Shall be governed by Muskego Municipal Code, Chapter 17, Section 6.01 (2).
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.
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(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 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)
(8)
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.
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
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such permit is suspended at any time after work is commenced, for a period of more
than sixty (50) working days. All work shall be completed within eighteen (18)
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 p-ermit 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.
~ REID!LATIONS EQB MOVING BUlLDINGS (~OO7 -12-02-99)
(1) GENERAL
No person shall move any building or structure upon any of the public right of ways of the
municipality without first obtaining a permit therefor from the Building Inspector and upon the
payment of the required fee. Every such permit issued by the Building Inspector for the
moving of a building shall designate the route to be taken, the conditions to be complied with,
and shall limit the time during which said moving operations shall be continued.
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(2) MOVING DAMAGED BUilDINGS:
No building shall be repaired, altered or moved within or into the municipality that has
deteriorated or has been damaged by any cause, (including such moving and separation
from its foundation and service connections in case of moved buildings), fifty (50) per cent or
more of its equalized value, and no permit shall be granted to repair, alter or move such
building within or into the municipality.
(3) CONTINUOUS MOVEMENT:
The movement of buildings shall be a continuous operation during all the hours of the day,
and day by day and at night, until such movement is fully completed. All of such operations
shall be performed with the least possible obstruction to thoroughfares. No building shall be
allowed to remain overnight upon any street crossing or intersection, or so near thereto as to
prevent easy access to any fire hydrant or any other public facility. Lighted lanterns shall be
kept in conspicuous places at each end of the building during the night.
(4) STREET REPAIR
Every person receiving a permit to move a building shall within one day after said building
reaches its destination, report that fact to the Building Inspector who shall thereupon in the
company of the municipal highway commissioner, inspect the streets and highways over
which said building has been moved and ascertain their. condition. If thè removal of said
building has caused any damage to any street or highway, the person to whom the permit
was issued shall forthwith place them in good repair as they were before the permit was
granted. On the failure of the said permittee to do so within ten (10) days thereafter to the
satisfaction of the governing body, said body shall repair the damage done to such streets
and hold the person obtaining such permit and the sureties on his bond responsible for the
payment of same.
(5) CONFORMANCE WITH CODE
No permit shall be issued to move a building within or into the municipality and to establish it
upon a location within the said municipality until the Building Inspector has made an
investigation of such building at the location from which it is to be moved, and is satisfied
from such investigation that said building is in a sound and stable condition and of such
construction that it will meet the requirements of this Building Code in all respects. A
complete plan of all further repairs, improvements and remodeling with reference to such
building shall be submitted to the Building Inspector, and he shall make a finding of fact to
the effect that all such repairs, improvements and remodeling are in conformity with the
requirements of this Building Code, and that when same are completed, the building as such
will so comply with said Building Code. In the event a building is to be moved from the
municipality to some point outside the boundaries thereof, the provisions with respect to the
furnishing of plans and specifications for proposed alterations to such building, may be
disregarded.
(6) BOND
(a) Before a permit is issued to move any building over any public way in this
municipality, the party applying therefor shall give a bond to the munici~ality in a sum
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to be fixed by the Building Inspector and which shall not be less than One Thousand
($1,000) Dollars; said bond to be executed by a corporate surety or two personal
sureties to be approved by the governing body or designated agent conditioned upon,
among other things, the indemnification to the municipality for any costs or expenses
incurred by it in connection with any claims for damages to any persons or property,
and the payment of any judgment together with the costs and expenses incurred by
the municipality in connection therewith, arising out of the removal of the building for
which the permit is issued.
(b) Unless the Building Inspector, upon investigation, shall find it to be a fact that the
excavation exposed by the removal of such building from its foundation shall not be
so close to a public thoroughfare as to permit the accidental falling therein of travelers
or the location, nature and physical characteristics of the premises and the falling into
such excavation of children under 12 years of age unlikely, the bond required by (a)
shall be further conditioned upon the permittee erecting adequate barriers and within
forty-eight (48) hours, filling in such excavation or adopting and employing such other
means, devices or methods approved by the Building Inspector and reasonably
adopted or calculated to prevent the occurrences set forth herein.
(7) INSURANCE
The Building Inspector shall require in addition to said bond above indicated, public liability
insurance covering injury to one person in the sum of not less than One Hundred Thousand
($100,000) Dollars and for one accident in a sum not less than Two Hundred Thousand
($200,000) Dollars, together with property damage insurance in a sum not less than Fifty
Thousand ($50,000) Dollars, or such other coverage as deemed necessary.
(8) PLAN COMMISSION *OR OTHER ASSIGNED BOARD OR COMMISSION
(a) No such permit shall be issued unless it has been found as a fact by the Plan
Commission* of the municipality by at least a majority vote, after an examination of
the application for the permit which shall include exterior elevations of the building
and accurate photographs of all sides and views of the same, and in case it is
proposed to alter the exterior of said building, plans and specifications of such
proposed alterations and after a view of the building proposed to be moved and of the
site at which it is to be located, that the exterior architectural appeal and functional
plans of the building to be moved or moved and altered, will not be so at variance with
either the exterior architectural appeal and functional plan of the buildings already
constructed or in the course of construction in the immediate neighborhood, or the
character of the applicable district established by the zoning ordinances of the
municipality, or any ordinance amendatory thereof or supplementary thereto, as to
cause a substantial depreciation in the property values of said neighborhood within
said applicable district. In case the applicant proposes to alter the exterior of said
building after moving the same, he shall submit with his application papers, complete
plans and specifications for the proposed alterations. Before a permit shall be issued
for a building to be moved and altered, the applicant shall give a bond to the
municipality's Plan Commission*, which shall not be less than $1,000 to be executed
in the manner provided in subsection (6) hereof to the effect that he will within a time
to be set by the Plan Commission*, complete the proposed exterior alterations to said
building in the manner set forth in his plans and specifications. This bond shall be in
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addition to any other bond or surety which may be required by other applicable
ordinances of the municipality. No occupancy permit shall be issued for said building
until the exterior alterations proposed to be made have been completed.
(b) Upon application being made to be Building Inspector he shall request a meeting of
the Plan Commission* to consider applications for moving permits which he has found
comply in all respects with all other ordinances of the municipality. The Plan
Commission* may, if it desires, hear the applicant for the moving permit in question
and/or the owner of the lot on which it is proposed to locate the building in question,
together with any other persons, either residents or property owners, desiring to be
heard, giving such notice of hearing as they may deem sufficient. Such hearing may
be adjourned for a reasonable length of time, and within forty-eight (48) hours after
the close of the hearing, the Plan Commission* shall, in writing, make or refuse to
make, the finding required by subsection (8) hereof, and file it in the office of the
clerk, who shall send a copy of it to the Building Inspector.
30.09 RAZ~G OF BU!..b.QLNGS COrd. #1045 -10-19-00)
RAZING OF BUILDINGS (1 )
The Building Inspector is hereby authorized to act for the municipality under the provisions of
Section 66.0413 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.
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(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 and/or lights. Site restoration
shall be performed pursuant to City of Muskego Municipal Code, Chapter 29, Erosion
Control Ordinance requirements.
(1 )
DEMOLITION COrd. #1045 -10-19-00)
PURPOSE AND SCOPE
30.091
This section is intended to protect the Public Health and Safety 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, A 1, B, B 1, C, and C1
structures, as defined below.
(b) The building inspection department is authorized to review, impose conditions, and
issue demolition permits for Type 0 and 01 structures subject to Public Service
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(c)
(3)
Committee approval for which a written recommendation from Building inspection to
the committee is required.
A demolition permit will not be required for Internal Demolition if associated with a
remodeling permit or other permitted building improvements.
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)
(d)
NR: Department of Natural Resources Administrative Codes.
Comm: Department of Commerce Administrative Codes.
(e) Types of Structures:
Type A: Storage sheds, agricultural use buildings and garages equal to or greater
than 1000 s.f. and less than 10 feet from property line or another structure.
Type A1: Storage sheds, agricultural use buildings and garages less than 1000 s.f.
and equal to or greater than 10 feet from property line or another structure.
Type B: Single or two family dwelling unit(s) less than 3000 s.f. and less than 10 feet
from property line or another structure.
Type 81: Single or two family dwelling unit(s) less than 3000 s.f. and equal to or
greater than 10ft. from property line or another structure.
Type C:
1. Single or two family dwelling unit(s) equal to or greater than 3000 s.f. and
less than 10 feet from property line or another structure.
2. Three or more dwelling unit structures less than 10 feet from property line
or another structure.
3. Commercial and Industrial structures <5000 s.f. and less than 10 feet from
property line or another structure.
Type C1:
1. Single or two family dwelling unit(s) equal to or greater than 3000 s.f. and
equal to or greater than 10 feet from property line or another structure.
2. Three or more dwelling unit structures equal to or greater than 10 feet from
property line or another structure.
3. Commercial and Industrial structures <5000 s.f. and equal to or greater
than 10 feet from property line or another structure.
..-.
(4)
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Type D: Commercial and Industrial structures =>5000 sJ. and less than 10 feet from
property line or another structure.
Type D1: Commercial and Industrial structures =>5000 sJ. and equal to or greater
than 10 feet from property line or another structure.
ADMINISTRATION OF DEMOLITION
(a) Fee Structures
1. Structures less than 5000 s.f. and less than 40' in height: Per Table #1 as
amended from time to time by the Common Council
2. Structures => 5000 square foot or => 40' in height: Per Table #1 as amended
from time to time by the Common Council
(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 backfilling.
2. After removal of sub structures and before backfilling.
a. Including response to complaint from adjacent occupants during demolition.
3. Upon restoration and removal of final access barriers.
(c) Bonds
1. Performance bond is required for demolition of type D and D1 structures in the
amount of $2.50/square foot of structure.
(d) Liability
1. The Property owner and/or their agent(s) 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 01 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 be before one calendar year.
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(f)
(g)
2. Time extension may be granted for extenuating circumstances by building
inspection, however, the demolition shall also be subject to any new
regulations and/or conditions of the permit enacted since original issue date of
the permit.
3. Actual time given from moment demolition
restoration of the site shall be:
a. 6 calendar months for Type 0 structures.
b. 3 calendar months for Type C structures.
c. 1 calendar month for all others.
commences to the complete
Appeals may be sought as per City Ordinance, Chapter 30.
If any part of this ordinance is found to be invalid, it shall not invalidate the rest of
ordinance.
(5) SUBMITTALS AND SITE PREPARATION
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(a) Limited access to site with 4 foot minimum height perimeter fencing will be required
for demolition of Type 8, C, C1, 0, 01 structures.
(b) Freon removal from Type C, C1, 0, 01 structures will be in accordance to Comm
regulations. Asbestos Removal from Type B, B1, C, C1, 0, 01, structures will be in
accordance with DNR Sections 4.06, 4.07 and 4.08
(c) For type B, B1, C, C1, 0 and D1 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.
(d) 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, B1, C, C1, 0, 01 shall be in accordance with 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, 0, 01 structures shall be in accordance with
COMM 47.
4. Structure C, C1, 0, 01 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(s) shall be abandoned in accordance with NR 507.
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7. Disposal Sites shall be State approved sites only for Type C, C1, D, D1
materials.
8. The following monitoring is required for Type D, D1 structures if toxicants are
found or known to be present in the Structure(s).
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 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 installed
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, D1), 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.
(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 8, 81, C, C1, D, D1 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 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.sJ.
(6) PHYSICAL REMOVALS
(a) All basement footings, floors and walls shall be removed.
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(b)
(c)
(d)
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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, B1, C, C1, D, D1 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.
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 and kept 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.
(e)
g. Occupancy; Chapter 30.
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.
(f)
1. Reuse of a footing and wall for another structure can be reused if inspected and
approved by city building inspector.
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. -
. .
(g) The use of explosives, may be permitted by the Public Works 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.
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(h)
(i)
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.
Razing by burning will be permitted only with the concurrence of the Fire Chief.
All litter beyond access control fence, shall be removed before sunset of the day it
is deposited.
(7) RESTORATION
(a)
(b)
(c)
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.
Use of dust proofing, waterproofing methods for temporary restoration to be
approved by Building Inspection.
Permanent restoration will be required for Type B, B1, C, C1, D, D1 if the site is not
to be built upon within 6 months of completion of demolition and Chapter 29 of City
Ordinances shall apply.
1.
(d)
Non-structural back fill is permitted for Type B, B1, C, C1, D, D1 and may be
demolition masonry or concrete debris provided that no dimension of the material
exceeds 12 inches and is not wood, plastics or steel or painted concrete. Non-
structural backfill can only be used in areas not scheduled for future structures.
Structural back filling shall meet WDOT Sections 206, 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.
Native soils shall otherwise be compressed to 95% density for future new
structure.
2.
(e) Grading to match surrounding slopes and grades:
(f)
Landscaping shall be at least 6" topsoil, seeding and mulching placed in
accordance with WDOT Sections 625,627, 629,and 630.
Permanent Erosion Control conditions of Chapter 29 of City Ordinances will be
required during and after demolition.
1.
(g)
(h)
Chapter 34 of City ordinances shall apply for all C, C1, D, and D1 demolition sites.
Access control for Type A, A1, B, B1, C, C1, D, D1 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,
C1, D, D1.
(i)
(j)
Chapter 29 of City ordinances shall apply for erosion control during Demolition.
After Demolition all barricades, silt fences, shields, equipment, etc., shall be
removed from the site.
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(8) REUSE CERTIFICATE
(a) The sites of previous Type B, B1, C, C1, D, D1 structures can be used for other
facilities after a reuse certificate is issued by Building Inspector asserting that all
conditions of this ordinance is met.
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).
(b)
30.10 INSPECTIONS lOrd. #1045 -10-19-00)
(1 ) REQUIRED AND PERMITTED INSPECTIONS
Following the issuance of any permit under this Code, sp.ecific 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 that 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.
(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. The property owner, permit holder or
their authorized agent shall provide all ladders, scaffolds and other equipment required to
access the area to be inspected. 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.
(3) INSPECTION REQUESTS
(4)
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).
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 stic.ker that 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
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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.
(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 #1. 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
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
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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.
(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 #1.
(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 66.0119 , Wis. Stats., to
- ascertain compliance under this Chapter, other subject Chapters and other applicable legal
requirements.
(10) 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 COrd. #1045 -10-19-00)
Whenever the provisions of this Code or of the plans approved hereunder 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.
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30.12 CERTIFICATE OF OCCUPANCY
(1 )
(a)
(2)
INSPECTIONS
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.
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 requirëments of this
Code.
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(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.
(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.
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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 COMM 20 - 25 or COMM 61-65 and the Wisconsin Enrolled Commercial
Building Code Volumes 1 and 2.
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
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- 30.15
(b)
corner and every 6 feet ole to secure treated bottom plate to foundation or 2 ~
160 common nails in each corner and every 16 inches ole (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.).
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, SNOW LOADS, WIND LOADS and that the design
meets or exceeds the design requirements of IBC Chapter 16 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).
GARAGES
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(1 )
(2)
(3)
GARAGE DEFINED
Garage shall mean either attached or detached private non-commercial garage.
(a)
(b)
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.
A detached private garage shall mean a private garage entirely separated from the
principal building.
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.
FOUNDATIONS AND FOOTINGS
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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.
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.
(b)
(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 1/8 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)
(b)
Load bearing foundation walls and partitions shall be constructed per 30.18(3) above.
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).
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
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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),
(2), (3), (4),& (6).
(3) FRAMING - Deck framing shall be in accordance with COMM 21.19, 21.22, 21.225(5) & (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)
(3)
Plans and/or specifications must be submitted for approval prior to issuance of a permit.
General Foundation Requirements
- (a)
(b)
(c)
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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 ft = 96 inches high, divided by 240 = .4
or 3/8 inch - maximum permitted deflection (.125 = 1/8", .25 = 1,.4", .375 = 3/8",
.5 = W', .625 = 5/8", .75 = %", .875 = 7/8").
2. When the affected repair includes porches or stoops, support for same shall
comply with frost protection requirements of ~he 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.
(d) 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.
(e)
(f)
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.
(g) Any other form of reinforcing will require engineered data to be submitted at the time
of permit application to include complete system analysis.
(h) 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.
( 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.
(j) 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.
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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.
(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.
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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.
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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.
30.24 EMERGENCY RESPONSE AMPLIFICATION
GENERAL
Except as otherwise provided, no person or organization shall maintain, own, erect or
construct any building or structure or any part thereof or cause the same to be done which fails to
support adequate radio coverage to public safety service workers, including but not limited to
firefighters and police officers. For purposes of this section, adequate radio coverage shall include
all of the following:
1.
A. A minimum signal strength of two (2) microvolts ( - 101 dBm) available in 95% of the
area of each floor of the building when transmitted from the Public Safety Radio Communications
System; and
B. A minimum signal strength of one (2) microvolts ( -101 dBm) received at the Public
Safety Radio Communications System when transmitted from 95% of the area of each floor of the
building. -
C. The frequency range which must be supported shall be 866.000 to 869.000 MHz from
the Trunked System Communications base stations, and 821 to 824 MHz to the Public Safety
Radio Communications base stations.
2. TESTING PROCEDURES.
A. Initial Tests. Initial tests will be performed by public safety employees or their
designees. A Certificate of Occupancy shall not be issued to any structure if the building fails
to comply with this section.
B. Annual Tests. Annual tests will be conducted by the Fire Department in conjunction
with inspection procedures.
3. AMPLIFICATION SYSTEMS ALLOWED.
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Buildings and structures which cannot independently support the required level of radio
coverage shall be equipped with any of the following in order to achieve the required adequate
radio coverage: a radiating cable system or an internal multiple antenna system with or without
FCC type-accepted signal booster amplifiers as needed. If any part of the installed system or
systems contains an electrically powered component, the system shall be capable of operating
on an independent battery and/or generator system for a period of at least twelve (12) hours
without external power input. Any battery system employed shall automatically recharge in the
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presence of an external power input. In the event that a signal booster is employed it shall be
fully encased within a dust and water resistant case.
4. FIELD TESTING.
Police and Fire Personnel, after providing reasonable notice to the owner or his representative,
shall have the right to enter onto the property to conduct field testing to be certain the required
level of radio coverage is present.
5. EXEMPTIONS.
This sections shall not apply to: buildings permitted in residentially zoned areas. For purposes
of this section, basements, parking structures and stairwells are included in the definition of "all
parts of a building" but elevators may be excluded.
- 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 ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 27TH DAY OF APRIL ,2004.
CITY OF MUSKEGO
.JlflfA~æ%A/f7/~~
Mark A. Slocomb, Mayor
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ATTEST:
/7 . Y
) ;ti// "'- :/ ~;'7,~?//í<>~
// l/ Clerk-Treasurer
First reading: 04/13/2004
Cover Ordinance Published this 6th day of May, 2004
4/04 jb
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