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HomeMy WebLinkAbout03-29.docJANUARY 14, 2003 JANUARY 28, 2003 0 3 - 14 03 - 29 ORDINANCE FIRST READING SECOND READING (CARRIED___ 7 - 0 _____LOST________LAID OVER________WITHDRAWN________) AS AMENDED / section 7 - 34(D)(1) & (2) PURPOSE: AMEND BUILDING AND PLUMBING CODES INITIATE D BY: CITY ADMINSTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 7 - 6, 7 - 12, 7 - 13, 7 - 31(B), 7 - 32, 7 - 34, 7 - 35, 7 - 48, 17 - 38, and 20 - 8, AND REPEALING 7 - 37, 7 - 39, 7 - 40, 7 - 41, 7 - 42 (A) - (D), 7 - 47, 7 - 52, 7 - 53, 7 - 54, and 7 - 55, ALL PERTAININ G TO BUILDING AND PLUMBING CODE REQUIREMENTS The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Sections 7 - 6, 7 - 12, 7 - 13, 7 - 31(B), 7 - 32, 7 - 34, 7 - 35, 7 - 48, and 17 - 38, of the City of Oshkosh Municipal Code, pertaining to the Building and Plumbing Code requirements are repealed and recreated to read as follows: SECTION 7 - 6 RECORDS AND REPORTS OF INSPECTION SERVICES DIVISION (A) Records The division supervisor shall keep a record of all applications for building permits in a book for such purpose, and regularly number each permit in the order of its issue. He/she shall keep a record showing the number, description and size of all buildings erected during his term of office, indicating the kind of materials used and the cost of each building, and the aggregate cost of all buildings of the various classes. He/she shall keep a record of all inspections made, and of all removal and condemnations of buildings, and a record of all fees collected, showing the date of their receipt and delivery to the City Treasurer. (B) Reports He/she shall make a monthly report and an annual report to the City Manager. SECTION 7 - 12 APPLICATION FOR BUILDING PERMIT; CONTENTS. Application for a building permit shall be made in writing to the Insp ection Services Division providing all information necessary to reasonably determine the proposed project complies with all applicable codes. This information shall state the name and address of the owner of the building, the owner of the land upon which i t is to be erected, the name and address of the designer, the location of the building, the purpose for which it is to be used, and shall contain such other information as the Building Inspector may require. JANUARY 14, 2003 JANUARY 28, 2003 03 - 14 03 - 29 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 7 - 13 BUILDING PLANS TO BE SUBMITTED (A) With such application there shall be submitted two complete sets of plans and specifications, including a plot plan showing the location of the proposed building with respect to adjoining streets, alleys, lot lines and buildings. All plans shall be drawn to a scale of not less than one - eighth (1/8) inch per foot on paper in ink, or by some process that will not fade or obliterate. All distances shall be accurate ly figured. Drawings that do not show all necessary details to enable the Inspection Services Division to intelligently inspect the same, shall be rejected. (B) All plans and specifications shall be submitted in duplicate; one set shall be returned afte r approval as hereinafter provided; the other set shall remain on file in the office of the Inspection Services Division. The Inspection Services Division shall collect a fee of Seventy - five Dollars ($75.00) for the examination of plans for new one or two family dwellings. The Inspection Services Division shall collect a fee of Fifty Dollars ($50.00) for all one - story additions, or alterations to existing one or two family dwellings, and on site construction of additions to recreational vehicles and mobi le homes. The Inspection Services Division shall collect a fee of Seventy - five Dollars ($75.00) for all additions or alterations larger than one - story to existing one or two family dwellings. (C) In accordance with Wisconsin Statutes 101.12(3) and an ag reement executed by and between the City of Oshkosh and the State of Wisconsin Department of Commerce, the Inspection Services Division may examine essential drawings, calculations and specifications for buildings and structures as described in COMM 61.70. The Department of Commerce shall determine and certify the Division staff’s competency to examine said drawings, calculations and specifications. The Division of Inspection Services shall collect fees for examination of said plans for deposit in the Cit y Treasury. The fee collected shall be the same as would apply if the examination were made by the Department of Commerce in accordance with the State Fee Schedules adopted by the Wisconsin Administrative Code, Chapter Comm 2 (Fee Schedules.) (1) A processi ng fee of twenty - five dollars ($25.00) shall be assessed for the return of each application for petroleum product storage tanks systems, its components and removals thereof. (2) Where Sec. IND 69.10, Wis. Adm. Code, does not establish a plan examination fee, the Chief Building Inspector shall collect the following fees: JANUARY 14, 2003 JANUARY 28, 2003 03 - 14 03 - 29 ORDINANCE FIRST READING SECOND READING CONT’D Flammable Liquid Tank System, Combustible Liquid Tank System, or Component Parts of Tank Sys tem (under 5,000 gallon capacity) $35.00 for the first tank or component of a tank system plus $10.00 for each additional tank system or component of a tank system. Liquid Petroleum Gas, Natural Gas or Compressed Natural Gas (under 125 gallon water cap acity tank) $43.00 per tank SECTION 7 - 31 REQUIRED BUILDING INSPECTIONS (B) Notice of compliance or non - compliance shall be written on the building permit posted at the site. Upon finding non - compliance, the inspector shall notify the applicant and/ or the owner in writing, of the violations to be corrected. No work shall be concealed until approved by the Building Inspector. When compliance with any noted violations has been provided, the owner/applicant/agent shall provide written documentation th at the noted violations have been corrected in compliance with the applicable code sections. SECTION 7 - 32 CERTIFICATE OF OCCUPANCY TO BE ISSUED (A) Any building, addition or alteration in which the City of Oshkosh Inspection Services Division determine s an Occupancy Inspection is required shall not be occupied or utilized until a Final Inspection by all applicable inspectors reveal that no violations of applicable codes exist that could reasonably be expected to affect the health and safety of the occup ants and compliance with section 7 - 31 has been provided for any other noted violations. When this determination is made, the Inspection Division shall issue an Occupancy Permit. The correction of any outstanding violations shall be made a condition of Oc cupancy Approval. Issuance of the Occupancy Permit shall not prevent or hinder the Inspection Division from securing compliance with such violations. The Certificate of Occupancy shall include: (1) A statement of the purpose for which the building is to be used. (2) Any conditions of approval or use. (3) The maximum number of persons who may occupy the structure, addition or area of alteration. (4) The building or premise or part thereof and the proposed use thereof are in conformity with the provisions of Chapter 30 of the municipal code as required by section 30 - 5 (C). (B) No building or part thereof shall be occupied until the Occupancy Inspection has been approved, nor shall any building be occupied in any manner which conflicts with the conditions put forth in the Cert ificate of Occupancy. JANUARY 14, 2003 JANUARY 28, 2003 03 - 14 03 - 29 ORDINANCE FIRST READING SECOND READING CONT’D (1) Exception - The Fire Inspector shall not be required to inspect single family and duplex structures. ARTICLE V. CONSTRUCTION OF BUILDI NGS SECTION 7 - 34 STATE BUILDING CODE ADOPTED (A) Chapters Comm 20, 21, 22, 23, 24 and 25 and all amendments thereto are adopted and incorporated in this Code by reference. (B) The following shall apply to all additions and alterations to one and two family dw ellings where initial construction permits were issued before June 1, 1980: (1) COMM Chapter 20, Section 20.07 (Definitions) and Section 20.24 (Adoption of Industry Standards) (2) All of COMM Chapter 21(Construction Standards) except as noted in subs (a) throug h (h) below. (a) COMM 21.03(2) shall not apply to alterations in dwellings which do not already conform with this section. In no case shall remodeling or alterations be performed that increases the non - conformance with the present code. (Refers to number of e xits required on the second floor.) The intent of this code section is to allow existing second floor dwelling units with a single exit to continue to exist unless an addition is built to the second floor, then the second exit would have to be provided. (b) COMM 21.03(3) shall not apply to alterations in dwellings which do not already conform with this section. (Refers to number of exits required above the second floor.) The intent of this section is to allow existing habitable floor levels above the sec ond floor with a single exit to continue to exist unless an addition is built to the third floor or the area of the habitable floor is expanded, then the required second exit would need to be provided to comply with the present day code. (c) COMM 21.03(6) sha ll not apply to alterations to non - conforming windows existing prior to June 1, 1980, (Specifies minimum egress window size) but shall apply to windows in basement bedrooms. In no case shall remodeling or alterations be performed that increases the non - co nformance with the present code. It is the intent of this section to allow second floor windows that do not meet the present egress requirements to be replaced with the same size windows. The practice of installing replacement windows within existing win dow frames must take this section into account to avoid increasing the non - conformance or converting a compliant window into a non - compliant window. Windows in an addition need to comply with the present day code. JANUARY 14, 2003 JANUARY 28, 2003 03 - 1 4 03 - 29 ORDINANCE FIRST READING SECOND READING CONT’D (d) COMM 21.03(7) shall not apply to alterations/remodeling where the rough opening of non - conforming doors existing prior to June l, l980 are not being altered/affected by such alterations/remodeling. (Specifies minimum door sizes.) It is the intent of this section to require doors being reframed or relocated to comply with the present day code. (e) COMM 21.03(8) and (9) shall not apply to alterations/remodeling to non - conforming hallways or passagew ays existing prior to June 1, 1980, where the width is not being altered. (Specifies minimum widths.) It is the intent of this section to require halls and passageways that are being reframed or relocated to comply with the present day code. (f) COMM 21.04(3) (Stairway Requirements) shall apply to new and existing stairs which already comply with this code section. Stairways in existence prior to June 1, 1980, serving existing habitable living space and basements may be rebuilt within the same stairwell openi ng provided compliance with the following is provided: 1. In no case shall the remodeled stair be less compliant than the pre - existing conditions. 2. The dimension of the riser shall not exceed the dimension of the tread. 3. The maximum dimension of a riser sha ll not exceed 9 inches. 4. A minimum of 6 feet of headroom shall be provided. 5. The minimum width shall not be less than 30 inches. 6. The treads and risers shall not vary in uniformity by more than 3/16 of an inch for the entire length of a stairway. 7. No fli ght of stairs shall exceed 12 feet in height unless landings are provided. 8. Stairs in qualifying Historic Buildings as defined in the Oshkosh Municipal Code Zoning Ordinance may repaired/replaced to match the original stairs. 9. It is the intent of thi s section to establish minimum standards for existing stairs serving habitable areas and basements so they may be remodeled without significant structural alterations. It is not the intent to allow existing steep stairs accessing attics or basements to rem ain as the required exit when converting an attic or basement into habitable living space. (g) COMM 21.06 (specifies minimum ceiling heights) shall not apply to living spaces in existence prior to June 1, 1980 that do not already comply with this section. Homes built prior to June 1, 1980 may create additional living space in basements with ceiling heights less JANUARY 14, 2003 JANUARY 28, 2003 03 - 14 03 - 29 ORDINANCE FIRST READING SECOND READING CONT’D than 7 feet, but not less than 6 ½ feet if the f ollowing conditions are met: 1. Rooms of the same use being created must be provided with 7 foot minimum ceiling height elsewhere in the dwelling. 2 A smoke detection system compliant with the Building Code at the time the rooms are created shall be provided in the entire dwelling unit. (This condition shall not apply for the creation of bathrooms or other non - habitable spaces.) (h) COMM 21.04(3) shall not apply to alterations/repairs to handrails and guardrails existing prior to June 1, 1980. Replacement handrails and guardrails shall meet present day code standards. Where 50 percent or more of a handrail or guardrail on a flight or level is replaced, then this shall be considered a complete replacement. 1&2 Family Structures qualifyi ng as a Historic Building as defined in the Oshkosh Municipal Code Zoning Ordinance may replace handrails and guardrails to meet existing dimensions, however such replacements shall match the original handrails and guardrails. (3) All of COMM 23 (Heating and Ventilating), COMM 24 (Electrical Standards) and COMM 25 Plumbing and Potable Water Standards). (4) All of COMM 22 (Energy Conservation) shall apply to new additions. Homes built prior to June 1, l980, shall be insulated and provided with vapor barriers to the fullest extent possible when the walls and/or ceilings are stripped down to the studs and are readily accessible to be insulated. (C) Chapter COMM 61 - 65, Wisconsin Administrative Code, Building and Heating, Ventilating and Air Conditioning Code, and all amendments thereto, is adopted and incorporated into this code by reference. (D) Unattached garages and sheds, storage buildings, and other structures not included in Section 7 - 34 (A)(B) and (C) above shall be constructed to standards as required by this co de. Structures associated with 1&2 Family Dwellings, such as garages, sheds, antennas, and other accessory structures, shall adhere to section 7 - 34(A) & (B.) All other structures not specifically addressed by the previous code sections (such as signs, a ntennas, flag poles, etc.) shall adhere to section 7 - 34(C). (1) Structures with fabric coverings such as tents, screen rooms, greenhouses or similar structures are allowed but shall be considered temporary structures and shall be limited to 150 days of use p er calendar year. Such structures shall be limited to 150 200 square feet maximum size. These structures must meet all setback requirements as required in Chapter 30 of the Oshkosh Municipal Code and are limited to one structure per site. Said struct ures shall not be required to obtain a Building Permit. JANUARY 14, 2003 JANUARY 28, 2003 03 - 14 03 - 29 ORDINANCE FIRST READING SECOND READING CONT’D (2) Structures with fabric coverings such as tents, screen rooms, greenhouses or similar structures, e xceeding 150 200 square feet in size shall be allowed for a period not to exceed 7 days in a calendar year. Such structures shall meet zoning standards as set forth in Chapter 30 of the Oshkosh Municipal Code. No such structure shall be erected withou t first obtaining a Building Permit as required in section 7 - 8. SECTION 7 - 35 FOUNDATION REQUIREMENTS (A) Walls or Piers and Slabs. (1) All dwellings shall have foundation walls as required by Section COMM 21.18 of the Wisconsin Administrative Code. (2) Small sto rage buildings less than 100 sq. feet in area may be erected without a foundation if anchored in a manner approved by the Building Inspector (3) Detached garages and storage buildings of frame construction may be built with a continuous floating slab of reinfo rced concrete not less than four (4) inches in thickness. Reinforcement shall be a minimum of 6"x6" No. 10x10 wire mesh. The slab shall be provided with a thickened edge all around, eight (8) inches wide and eight (8) inches below the top of the slab. Ex terior wall curbs shall be provided not less than four (4) inches above the finished ground adjacent to the building or the walls shall be provided with sill plates that are pressure treated with preservatives or shall be naturally durable and decay resist ant species. Bolts 3/8 inches in diameter with nuts and washers attached, shall be embedded a minimum of 3 inches below the finished surface of the slab and no closer than 2 inches to the bottom of the thickened edge, spaced in compliance with COMM 21.18. Detached garages and storage buildings built with foundation walls or piers, shall have walls or piers as required by Section COMM 21.18 of the Wisconsin Administrative Code. ARTICLE VII. RAZING, REPAIR AND DEMOLITION OF UNSAFE BUILDINGS SECTION 7 - 48 RAZING OLD BUILDINGS (A) State Statute 66.0413 Razing Buildings is adopted and incorporated into this code by reference. (B) Violation A person, firm, or corporation who shall rent, lease or occupy a building which has been condemned under this Section shall be subject to the penalty as hereinafter provided, for each day such violation exists. A person, firm or corporation who shall fail to comply with any such order within the time prescribed shall be subject to the penalty as hereinafter provided, fo r each day such violation exists. JANUARY 14, 2003 JANUARY 28, 2003 03 - 14 03 - 29 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 17 - 38 ABATEMENT OF PUBLIC NUISANCES (A) Inspection of Premises Whenever a complaint is made that a public nuisance exists within the City, the Chief of Police, Health Officer or Building Inspector shall inspect or cause to be inspected the premises and shall make a written report of findings to the City Manager or designee. (B) Summary Abatement (1) Notice to Own er If the inspecting officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the City Manager or disignee may direct the appropriate per sonnel to serve notice on the owner or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance and to post a copy of said notice on the premises. Such notice shall direct the owner, occupant or person causi ng, permitting or maintaining such nuisance to abate or remove such nuisance within twenty - four (24) hours and shall state that unless such nuisance is so abated, the City will cause the same to be abated and will charge the cost thereof to the owner, occu pant or person causing, permitting or maintaining the same. (2) Abatement by City If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the City Manager or designee shall direct the abatement or removal of such public nuisance. (C) Abatement by Court Action If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immedia te danger to the public health, safety, peace, morals or decency, he/she shall file a written report of findings with the City Manager or designee, who may cause an action to abate such nuisance to be commenced per state statute Chapter 823. (D) Other Me thods Not Excluded Nothing in this Chapter shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the State of Wisconsin. JANUARY 14, 2003 JANUARY 28, 2003 03 - 14 03 - 29 ORDINANCE FIRST READING SECOND READING CONT’D (E) Cost of Abatement In addition to any other penalty imposed by this Article for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the c ity may be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance or assessed against the real estate as a special tax. SECTION 2. That Sections 7 - 37, 7 - 39, 7 - 40, 7 - 41, 7 - 42 (A) - (D), 7 - 47, 7 - 52, 7 - 53, 7 - 54, 7 - 55 are repealed. SECTION 3 . That Section 7 - 42(E) and (F) are relabeled to (A) and (B), respectively. SECTION 4. That Section 20 - 8(C) of the Plumbing Code is created to read as follows: 20 - 8(C) MANDATORY CONNECTION REQUIRED All existing, new a nd annexed buildings located within the City of Oshkosh shall comply with this code section. 1. All buildings provided with a sanitary drain and vent system shall be connected to the public sanitary sewer system in compliance with this chapter. Buildings wi th a sanitary drain and vent system that discharge to a Private Onsite Wastewater Treatment System (POWTS) shall abandon such system and connect to the public sanitary sewer system when a public sanitary sewer main is determined to be available to the prop erty. Notice to abandon any such Private Onsite Wastewater Treatment Systems shall not extend the time for compliance beyond one year after the date sewer is made available to the property. 2. All buildings provided with a potable water distribution system shall be provided with an approved supply of potable water. Private wells properly permitted and metered may serve as an approved supply for the distribution system. Every building with a potable water distribution system shall have a private water servi ce lateral from the public potable water system to the inside of the building's occupied space, terminating with a building control valve. 3. All buildings regulated by the City's Subdivision Ordinance shall be provided with a foundation drain tile sump pump system that connects to the public storm sewer system or discharges to other acceptable points as required by the City's Subdivision Ordinance, Section 30 - 74(C)(5). SECTION 4. This ordinance shall be in full force and effect from and after its passage a nd date of publication. **Bold & Italics indicates amendment.