Zoning Department

B U I L D I N G   &   M E C H A N I C A L   C O D E

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                                                                      Marquette County

                                                           Building and Mechanical Code             

                                                                     Ordinance No. 15.1                                                                                                                                      (amended 7/17/2007)                                                                             

15.1001 Authority 

These regulations are adopted under the statutory authority granted pursuant to Section 101.65, 101.651, 101.76, and 101.761 of the Wisconsin Statutes. 

This ordinance shall apply in all municipalities that have officially delegated the authority to enforce and administer the Uniform Dwelling Code to the County.  At the time of the adoption of this ordinance, the following municipalities have officially requested county enforcement: Town of Buffalo, Town of Crystal Lake, Town of Douglas, Town of Harris, Town of Mecan, Town of Montello, Town of Moundville, Town of Neshkoro, Town of Newton, Town of Oxford, Town of Packwaukee, Town of Westfield, Village of Neshkoro, and Village of Westfield.  A list of the municipalities delegating authority to the County shall be maintained, updated and accessible to the public in the Marquette County Zoning Department. 

15.1002 Purpose 

The purpose of this Code is to promote the health, safety, and general welfare of our community, to protect property values and provide for orderly, appropriate development and growth of the community. 

15.1003 Definitions   

As used in this Chapter, the following terms have the meaning prescribed herein:  (Any item not defined herein shall follow the Wisconsin Administrative Code definitions.) 

1)      Building.  Any structure erected or constructed of wood, metal, stone, plastic or other materials, which is intended to be used by human beings or animals for occupancy, livery, commerce, education, cultural activities or other purpose.  The term does not include children's play structures, agricultural barns, agricultural sheds or agricultural accessory buildings. 

2)      Building Inspector.  The individual(s) or firm appointed by the Municipality to exercise all of the powers and duties of a building inspector under Wisconsin law. 

3)      Business Group B.  Occupancy includes, among others, the use of a building or structure, or portion thereof, for office, professional or service type transactions, including storage of records and accounts.  Business occupancies shall include, but not limited to the following: Animal hospitals, banks, barber and beauty shops, car wash, clinics and professional services. 

4)      Construction.  Any part or portion of the activity of installing, locating, siting, or erecting a building.   

5)      Contractor.  Any person, firm or entity which undertakes any activity related to the construction of a building other than the mere provision of supplies, materials. 

6)      Demolition.  The activity of completely or partially destroying a previously erected or constructed building. 

7)      Electrical.  The trade which relates to the design, installation, maintenance and repair of the mechanical equipment, wiring, fixtures and connections which tie a structure to the power grid of an electric generating utility and distribute the electricity through a structure to end uses, including any work which may be performed by a master electrician licensed by the State of Wisconsin or a person under the supervision of such an electrician. 

8)      Factory Group F.  Factory Industrial Group F occupancy includes, among others, the use of a building or structure, or portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as Group H hazardous occupancy under the Wisconsin Enrolled Commercial Building Code. 

9)      HVAC.  An acronym which stands for Heating, Ventilating and Air Conditioning; the trade which installs mechanical equipment, systems and accessory ducting and gratings for the purpose of warming, purifying, cooling and exchanging air in a building. 

10)  Mercantile Group M.  Mercantile Group occupancy includes, among others, buildings or structures or a portion thereof, for the display and sale of merchandise, and involves stocks of goods, wares or merchandise incidental to such purposes and accessible to the public.  Mercantile occupancies shall include, but not be limited to, the following: Department stores, drug stores, markets, motor vehicle service stations, retail or wholesale stores, sales rooms. 

11)  Occupancy.  The act of utilizing a building for human habitation, use, or occupancy.  Any use of a building for any activity, which is customarily or routinely associated with utilization of a building as a residence, detached residential accessory structure, or commercial use shall constitute occupancy. 

12)  Owner.  The individual, firm or entity, which has record title to the real estate on which construction or demolition is taking place. 

13)  Plumbing.  The trade which relates to the design, installation and maintenance or repair of pipes, drains, sinks, basins, hot water heating systems, natural gas pipes, grease traps, floor drains, and all other work for which the individual performing the work may either be a master plumber licensed by the State of Wisconsin or work under the supervision of such a plumber. 

14)  Repairs.  Repairs for purposes of maintenance or replacements in any existing building or structure which do not involve the structural portions of the building or structure or which do not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection or exterior esthetic appearance and which do not increase a given occupancy and use, shall be deemed minor repairs. 

15)  Stop work order.  A directive issued with respect to a construction project by a building inspector, which compels the owner and any contractor or builder of a building to cease any further work or activity on the construction project until the building inspector has authorized the resumption of the construction project. 

16)  Storage Group S.  Storage Group S occupancy includes among, others, the use of a building or structure, or a portion thereof, for storage that is not classified as hazardous occupancy under the Wisconsin Enrolled Commercial Building Code. 

15.1004 Scope 

This Code applies to all 1 & 2 family dwellings, commercial buildings/structures and decks serving an exit from a dwelling.  Notwithstanding this section, this ordinance shall not apply 1 & 2 family detached accessory structures, agricultural structures or to children's play structures. 

15.1005 Permit Required 

1)      No owner or contractor may commence construction of any building or mechanical system on a structure referenced in Section 15.1004 above, prior to obtaining a valid permit from the municipal building inspector. 

2)      The construction which shall require a building permit includes, but is not limited to: 

a)   New 1 & 2 family dwellings, including decks serving an exit from the dwelling and commercial buildings. 

b)  Additions that increase the physical dimensions of a building including decks. 

c)  Alterations to the structural components of a building, greater than $1000.00 market value.  Cost shall include market labor value and alterations to the building's heating, electrical or plumbing systems.  Cost does not include the finishing of interior surfaces.

d)  Alteration of plumbing, venting, electrical or gas supply systems.  

e)  Any electrical wiring for new construction, additions and alterations. 

f)   Any HVAC for new construction, additions and alterations. 

g)     Any plumbing for new construction, additions and alterations.    

h)     All electrical wiring associated with swimming pools. 

i)       New or re-wired electrical services. 

         3)      The following construction activities shall not require a building permit: 

a)       Detached 1 & 2 family accessory structures, including residential swimming pools and major equipment replacements (i.e. furnace, water heater, air conditioning, etc.) 

b)       Re-siding, re-roofing and finishing of interior surfaces, installation of cabinetry, and repairs which are deemed minor by the Building Inspector.  Notwithstanding this section, however, a permit accompanied by structural load-bearing calculations shall be required for re-roofing a building if the proposed re-roofing would constitute a third or more layer of roofing. 

c)       Normal repairs of HVAC, plumbing and electrical equipment or systems such as replacing switches, receptacles, light fixtures, and dimmers.   

d)       Agricultural structures 

15.1006 Adoption of Codes 

1)         The following Chapters of the Wisconsin Administrative Codes, as well as all subsequent revisions, are adopted by the County and shall be enforced by the Building Inspector. 

         Ch.  COMM 2.31         Plan Review Fee Schedule

Ch. COMM 5               Credentials           

Chs. COMM 16           Electrical Code

Chs. COMM 20-25            Uniform Dwelling Code

Ch.  COMM 70            Historic Building Code

Chs. COMM 75-79            Existing Building Code

Chs. COMM 81-87            Uniform Plumbing Code 

15.1007 Scope of Uniform Dwelling Code Expanded   

For the purposes of this Ordinance, the standards contained in the Wisconsin Uniform Dwelling Code shall be expanded to apply as the standards for construction of the following: 

1)      All Additions and alterations greater than $1000.00 market value for all one and two family dwellings. 

15.1009 Building-HVAC-Electrical-Plumbing Inspector 

1)      Creation and Appointment. There is hereby created the office of Building Inspector.  The Building Inspector shall be appointed by the municipality.  The Building Inspector shall be certified for inspection purposes by the Department in the required categories specified under COMM 5, Wisconsin Adm. Code. 

2)      Subordinates.  The Building Inspector may employ, assign or appoint, as necessary, subordinate, mechanical inspectors.  Any subordinate hired to inspect buildings shall be certified as defined in COMM 5, Wisconsin Adm. Code, by the Department. 

3)      Duties.  The Building Inspector shall administer and enforce all provisions of this ordinance. 

            4)    Powers.  The Building Inspector or an authorized certified agent of the Building Inspector may, at all reasonable hours, enter upon any public or private premises for inspection purposes.  The Building Inspector may require the production of the permit for any building, plumbing, electrical or heating work.  No person shall interfere with or refuse to permit access to any such premises to the Inspector or his/her agent while in the performance of his/her duties.  In the event that the inspector is refused access to any such premises, then the Inspector is authorized to apply for a special inspection warrant pursuant to Section 66.0119, Stats. 

5)      Inspections.  In order to permit inspection of a building project at all necessary phases without causing delay for the owner, the owner and/or contractor shall request all of the following inspections in conformity with the appropriate time frame defined in the Wisconsin Administrative Code or at least 48 hours in advance by the applicant/contractor or property owner as applicable.  

a)      Footing

b)      Foundation

c)      Rough Carpentry, HVAC, Electric and Plumbing

d)      Drain tile/Basement Floor

e)      Underfloor Plumbing

f)       Electric Service

g)      Insulation

h)      Final Carpentry, HVAC, Electric & Plumbing

i)       Erosion Control 

*In accordance with COMM 21.17(2) the Building Inspector may waive the requirements for a complete drain tile or pipe system for new dwelling construction where documentation is submitted by a Professional Soil Scientist or Certified Soil Tester which verifies that the soils are comprised of well drained sands or well drained loamy sands and that no seasonal groundwater levels exist at or above the elevation of the footing of the proposed new dwelling.  In addition, the property owner must sign “An acknowledgement of waiver request” form.  

6)     Failure to request any inspection will be the responsibility of the contractor and/or property owner.  No Construction shall be deemed approved by default or lack of inspection by the Building Inspector. 

7)      The expense of uncovering or exposing any work which must be inspected, where such work was required by the failure of the owner to request any inspection, will be the responsibility of the contractor and/or property owner. 

8)      Records.  The Building Inspector shall perform all administrative tasks required by the Department under all codes covered in Section 15.1006.  In addition, the Inspector shall keep a record of all applications for permits and shall number each permit in the order of its issuance. 

15.1010 Submission of Plans 

The owner or contractor shall, with respect to any proposed construction, submit two sets of building plans to the Inspector for any work which expands the size of a building, any new building or as required by the Inspector.  If a new building or building addition is proposed, then a plot plan drawn to scale showing such proposed work and existing buildings and property lines shall be submitted.  A third set of plans may be requested at the discretion of the Building Inspector for the Assessor.  The Building Inspector may require the owner or contractor to submit plans for any construction project when the Building Inspector determines that it is necessary to review such plans to assure that the proposed project will comply with all applicable codes. 

15.1011 Issuance of Permit 

1)      The Inspector shall issue the requested permit if the owner or contractor demonstrates that all state, county and local submission requirements are satisfied.  If a permit card is issued, it shall be posted at the job site in a visible location from the street.  Permits are valid for two years.  Permit may be extended for 30, 90, or up to 180 days with the Building Inspector's approval and payment of permit fees. 

2)      By accepting a permit, the applicant, owner or contractor grants the Building Inspector the right of access to the real estate on which the permitted construction will occur. 

3)            Permits are issued conditionally on the condition that the owner and/or contractor(s) shall conform to the requirements of all applicable codes, zoning ordinances and setback requirements in constructing the building. 

4)            No building, plumbing, electrical or HVAC permit shall be issued to any person who is in violation of this ordinance until such violation has been corrected. 

5)            No building, plumbing, electrical or HVAC permit shall be issued to any person to whom an order has been issued by the Building Inspector. 

6)            It shall be the responsibility of the owner, installer or contractor to determine if a permit is required and to obtain the same prior to commencing work. 

15.1013 Occupancy Permit 

If the Building Inspector, after completing all required inspections, finds that a building has been constructed in accordance with the applicable codes, then the Inspector shall issue an occupancy permit.  If the building fails to comply with the code in minor respects, which do not threaten the safety, health or welfare of the building's occupants, the Building Inspector may issue a temporary occupancy permit for 30 days or a specified term.  No person may have occupancy of a building until an occupancy permit is issued. 

15.1014 Fees 

At the time of building permit application issuance, the applicant shall pay fees as established periodically by the County and as on file with the Marquette County Zoning Department.  If work commences prior to permit issuance, the permit fee shall double. 

15.1015 Violations and Penalties 

1)      Prohibition.   No person, entity, or firm may construct, remodel, demolish or repair any building in a manner, which violates any provision or provisions of this ordinance. 

2)      Violations discovered by the Building Inspector shall be corrected within 30 days, or more if allowed by the Inspector, after written notice is given.  Violations involving life safety issues shall be corrected in a reasonable time frame established by the Building Inspector. 

            3)      Non-compliance with written orders - If a person does not comply with a written order the violator may be subject to one or more of the following actions and/or penalties:

(a)   The issuance of a citation under Ordinance 5.40.

(b)   Commencement of legal action against the person seeking an injunction to abate the violation and/or correct the violation.

(c)   Commencement of legal action against the person seeking a court-imposed forfeiture, court costs, and/or the costs of abatement.

(d)   The initiation of one action or penalty under this Section does not exempt the violator from any additional actions and/or penalties prescribed by law.

4)      A $200.00 forfeiture shall result if occupancy occurs prior to final inspection and the issuance of an occupancy permit, if occupancy extends past the expiration of a temporary occupancy permit or if the exterior of the structure is not completed within 2 years from the date the permit was issued.  The forfeiture shall be in addition to any new permit fees that may be required to complete the structure. 

5)      Compliance with the requirements of this ordinance is necessary to promote the safety, health and well being of the community and the owners, occupants and frequenters of buildings.  Therefore, violations of this ordinance shall constitute a public nuisance that may be enjoined in a civil action. 

6)      Violations of this ordinance shall be enforced and prosecuted through the Office of the Corporation Counsel. 

15.1016 Stop Work Order 

The Building Inspector may issue a stop work order for a project to prevent further non-complying work.  No person, firm or entity may continue a construction project after a stop work order has been issued.  The person, firm or entity that receives such a stop work order may contest the validity of the same by requesting a hearing before the County.  The County shall hear the appeal within seven days.  The County shall affirm the stop work order unless the owner or contractor shows that the Building Inspector erred in determining that the construction project violated a provision or provisions of the State building codes. 

15.1017 Disclaimer and Non-Liability for Damages 

This ordinance shall not be construed as an assumption of liability by the County or the Building Inspector for damages because of injuries sustained or property destroyed by any defect in any dwelling or equipment. 

15.1018 Severability 

If any section or portion thereof shall be declared by 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 shall not affect the validity of any other provisions, sections or portions thereof of the ordinance.  The remainder of the ordinance 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. 

15.1019 Effective Date 

This ordinance shall be effective after approval, adoption and filing with the County Clerk or October 4, 2004, whichever is later.