HomeMy WebLinkAbout24. 12-318JUNE 12, 2012 12 -318 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: AMEND MUNICIPAL ORDINANCES RELATED TO
ADMINISTRATIVE CODE UPDATES FOR BUILDING, ELECTRICAL,
HOUSING, AND PLUMBING CODES
INITIATED BY: INSPECTIONS DIVISION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING & RECREATING
CHAPTER 7, SECTION 7 -13(C) (UNNUMBERED PARAGRAPH) & 7- 13(C)(2) BUILDING
PLANS TO BE SUBMITTED; SECTION 7 -23 EXCAVATION NOTICE TO ADJOINING
OWNER; SECTION 7 -33 APPEALS FROM RULINGS OF BUILDING INSPECTOR;
SECTION 7- 34(A), (B), & (C) STATE BUILDING CODE ADOPTED; SECTION 7- 35(A)(1) &
(3) FOUNDATION REQUIREMENTS; AND SECTION 7 -38(B) CONCRETE STANDARDS;
AMEND CHAPTER 11, SECTION 11 -2 NATIONAL AND STATE ELECTRICAL CODES
ADOPTED; AMEND CHAPTER 16, SECTION 16 -33(6) MINIMUM STANDARDS FOR
EQUIPMENT AND FACILITIES; SECTION 16 -38(C) DWELLINGS AND DWELLING
UNITS WHICH MAY BE OCCUPIED; HOUSING INSPECTOR — DETERMINATIONS;
ORDERS; TIME FOR COMPLIANCE — EXTENSION; BUILDING INSPECTOR — STATE
LAW; SECTION 16 -39(A) ROOMING HOUSES —STATE ADMINISTRATIVE CODES; AND
SECTION 16- 45(B)(1)(a) MINIMUM REQUIREMENTS; SPECIFICATION OF MINIMUM
STANDARD; AMEND CHAPTER 20, SECTION 20 -2 STATE PLUMBING CODE
ADOPTED, SECTION 20 -4(A) DUTIES OF INSPECTOR; AND SECTION 20- 8(A)(3) &20-
8(B) PLUMBING PERMITS, PLAN EXAMINATIONS AND APPROVAL.
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Section 7 -13(C) of the Oshkosh Municipal Code pertaining to
Building Plans to be Submitted is hereby repealed and recreated to read as follows:
(C) In accordance with Wisconsin Statutes 101.12(3) and an agreement executed by
and between the City of Oshkosh and the State of Wisconsin Department of Safety
and Professional Services, the Inspection Services Division may examine essential
drawings, calculations and specifications for buildings and structures as described
in SPS 361.70. The Department of Safety and Professional Services 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 City Treasury. The fee
collected shall be the same as would apply if the examination were made by the
Department of Safety and Professional Services in accordance with the State Fee
Schedules adopted by the Wisconsin Administrative Code, Chapter SPS 302 (Fee
Schedules.)
SECTION 2. That Section 7- 13(C)(2) of the Oshkosh Municipal Code pertaining to
Building Plans to be Submitted is hereby repealed and recreated to read as follows:
(2) Where Section SPS 369.10, does not establish a plan examination fee, the
Chief Building Inspector shall collect the following fees:
Flammable Liquid Tank System, Combustible Liquid Tank System, or
Component Parts of Tank System (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 capacity tank)
$43.00 per tank
SECTION 3. That Section 7 -23 of the Oshkosh Municipal Code pertaining to
Excavation Notice to Adjoining Owner is hereby repealed and recreated to read as follows:
Any person making or causing an excavation which may affect the lateral soil
support of adjoining property or buildings shall provide notice to adjoining property
owners. The notice and responsibility for underpinning shall be in accordance with
Section SPS 321.13 of the Wisconsin Administrative Code.
SECTION 4. That Section 7 -33 of the Oshkosh Municipal Code pertaining to
Appeals from Rulings of Building Inspector is hereby repealed and recreated to read as
follows:
Any person feeling aggrieved by any order or ruling of the Building Inspector may
appeal from such order or ruling to the Board of Zoning Appeals as provided in
Section 30 -6(B) of this code. An order or ruling written for one (1) and two (2)
family homes built on or after June 1, 1980 is not appealable under this ordinance.
An order or ruling written under SPS 350 -364 is not appealable under this
ordinance.
SECTION 5. That Section 7- 34(A), (B), (C) of the Oshkosh Municipal Code
pertaining to State Building Code Adopted is hereby repealed and recreated to read as
follows:
(A) Chapters SPS 320, 321, 322, 323, 324 and 325 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
dwellings where initial construction permits were issued before June 1, 1980:
(1) SIPS Chapter 320, Section 320.07 (Definitions) and Section 320.24
(Adoption of Industry Standards)
(2) All of SIPS Chapter 321 (Construction Standards) except as noted in subs (a)
through (h) below.
(a) SIPS 321.03(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 exits 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) SIPS 321.03(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 second 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) SIPS 321.03(6) shall 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-
conformance 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 window 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.
(d) SIPS 321.03(7) shall not apply to alterations /remodeling where the
rough opening of non - conforming doors existing prior to June 1, 1980,
are not being altered /affected by such alterations /remodeling or where
existing ceiling heights do not permit the installation of minimum height
doors. (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) SIPS 321.03(8) and (9) shall not apply to alterations /remodeling to non-
conforming hallways or passageways 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) SIPS 321.04(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 opening
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 shall 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 flight 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 this 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
remain as the required exit when converting an attic or basement
into habitable living space.
(g) SIPS 321.06 (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 than 7
feet, but not less than 6'/ feet if the following 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) SIPS 321.04(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 qualifying 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 SPS 323 (Heating and Ventilating), SPS 324 (Electrical Standards)
and SPS 325 Plumbing and Potable Water Standards).
(4) All of SPS 322 (Energy Conservation) shall apply to new additions. Homes
built prior to June 1, 1980, 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 SPS 360 -365, Wisconsin Administrative Code, the Wisconsin Commercial
Building Code, together with all amendments, additions, deletions or supplements
thereto, are adopted and incorporated into this code by reference.
SECTION 6. That Section 7- 35(A)(1) of the Oshkosh Municipal Code pertaining to
Foundation Requirements is hereby repealed and recreated to read as follows:
(A) Walls or Piers and Slabs.
(1) All dwellings shall have foundation walls as required by Section SPS 321.18 of
the Wisconsin Administrative Code.
SECTION 7. That Section 7- 35(A)(3) of the Oshkosh Municipal Code pertaining to
Foundation Requirements is hereby repealed and recreated to read as follows:
(3) Detached garages and storage buildings of frame construction 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 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. Exterior 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
resistant 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 SPS 321.18. Detached garages and storage
buildings built with foundation walls or piers shall have walls or piers as
required by Section SPS 321.18 of the Wisconsin Administrative Code.
SECTION 8. That Section 7 -38(B) of the Oshkosh Municipal Code pertaining to
Concrete Standards is hereby repealed and recreated to read as follows:
(B) Consistency of mixture. The proportion of water shall be such as to produce a
mixture which will work readily into the corner and angles of the form and around
reinforcement with the method of placement used at the site, but without permitting
the materials to segregate or excess free water to collect on the surface.
SECTION 9. That Section 11 -2 of the Oshkosh Municipal Code pertaining to
National and Electrical Codes Adopted is hereby repealed and recreated to read as
follows:
The provisions of Section 101.865(1) of the Wisconsin Statutes relating to the regulations
of wiring, of Chapters PSC 114 and SPS 316 of the Wisconsin Administrative Code known
as the "Wisconsin State Electrical Code, including the adoption with modifications of the
National Electric Code and the National Electric Safety Code, and SPS 305.40 — SPS
305.45, SPS 305.62 and SPS 305.63 of the Wisconsin Administrative Code relating to
electrical inspection and certification of electrical inspectors and master electricians, are
adopted and fully incorporated into this Code by reference, except as to penalties
contained therein. It is intended that all modifications, amendments, recodification, and
renumbering of the foregoing provisions as may occur from time to time shall likewise be
immediately adopted and fully incorporated into this Code by reference. Any act prohibited
by any of the foregoing provisions is prohibited by this Municipal Code. In the event that
any of the provisions of this code, whether incorporated by reference or enumerated
hereinafter, are in conflict, it is intended that the more restrictive provisions shall be
applicable and enforced.
SECTION 10. That Section 16 -33(6) of the Oshkosh Municipal Code pertaining to
Minimum Standards for Equipment and Facilities is hereby repealed and recreated to read
as follows:
(6) Stairways in single and two family dwellings.
Stairways in single and two - family dwellings shall be equipped with proper
handrails mounted in accordance with Sec. SPS 321.04, Wis. Adm. Code, as
may be amended from time to time, and shall be equipped with treads and
risers reasonably uniform. Porches in single and two - family dwellings shall
be equipped with guardrails and intermediate rails installed in accordance
with Sec. SPS 321.04, Wis. Adm. Code, as may be amended from time to
time, if none are installed. Guardrails in place at the time of the adoption of
this subparagraph will not require replacement until such time as they are
deteriorated, no longer functional or deemed unsafe. Stairways and porches
in other multiple family dwellings shall comply with the appropriate provisions
of the Uniform Building Code, as may be amended from time to time,
contained with the Wisconsin Administrative Code.
SECTION 11. That Section 16- 37(A)(1) of the Oshkosh Municipal Code pertaining
to Responsibilities of Owners and Occupants is hereby repealed and recreated to read as
follows:
(1) Responsibilities of owner
Every owner of a dwelling shall be responsible for maintaining in a safe,
clean and good condition all communal, shared or public areas of the
dwelling and appurtenant premises. Yards shall be maintained by the owner
according to the provisions of Article IV of Chapter 17 of this Code pertaining
to Public Nuisances.
SECTION 12. That Section 16- 37(A)(3) of the Oshkosh Municipal Code pertaining
to Responsibilities of Owners and Occupants is hereby repealed and recreated to read as
follows:
(3) Storage of garbage and refuse.
Every owner shall notify in writing the occupant and shall insure that garbage
and refuse shall be properly stored behind and adjacent to the rear of the
dwelling at a point farthest away from any public sidewalk, alley or
thoroughfare, that all garbage and refuse shall be stored in proper
receptacles and shall not be placed at the curb or alley line for pick -up day
no earlier than 4:00 p.m. of the day preceding pick -up as established in
Chapter 23 of this Code, and that all receptacles shall be returned by
occupant to the point of storage within twelve (12) hours after collection.
SECTION 13. That Section 16 -38(C) of the Oshkosh Municipal Code pertaining to
Dwellings and Dwelling Units which may be Occupied; Housing Inspector —
Determinations; Orders; Time for Compliance — Extension; Building Inspector— State Law
is hereby repealed and recreated to read as follows:
(C) Any dwelling declared structurally unsafe shall be restored or razed according to
the provisions of Section 66.0413 of the Wisconsin Statutes. The Building
Inspector is hereby designated as an officer to carry out the provisions thereof.
SECTION 14. That Section 16 -39(A) of the Oshkosh Municipal Code pertaining to
Rooming Houses — State Administrative Codes is hereby repealed and recreated to read
as follows:
(A) No person shall operate a rooming house, or shall occupy or let to another for
occupancy any rooming unit in any rooming house, except in compliance with the
Wisconsin Administrative Code, SPS 362 and in compliance with Sections 16-
33(A)(3-5), 16- 34(A)(3), 16 -35, 16- 36(A)(2 -4), and 16 -37 of this Article; provided,
that for the purposes of interpreting the requirements of the designated sections
applicable in the enforcement of this section the words "multiple dwelling" or
"dwelling" shall be interpreted to mean "rooming house" and the words "dwelling
unit" or "dwelling units" shall be interpreted to mean "rooming unit" or "rooming
units."
SECTION 15. That Section 16- 45(B)(1)(a) of the Oshkosh Municipal Code
pertaining to Minimum Requirements; Specification of Minimum Standard is hereby
repealed and recreated to read as follows:
(a) All rooms containing only one (1) water closet with or without a tub or
shower required by this Section shall be provided with doors with
operable locks to insure privacy to a person within. Where two (2) or
more water closets are provided in the same room for use only by
members of the same sex, each fixture shall be enclosed in
accordance with SPS 362, and the door to such rooms shall not be
locked.
SECTION 16. That Section 20 -2 of the Oshkosh Municipal Code pertaining to
Minimum Requirements; Specification of Minimum Standard is hereby repealed and
recreated to read as follows:
Except as otherwise specifically provided, the provisions of Chapter 145 of the Wisconsin
Statutes and the Wisconsin Administrative Code, Chapters SPS 381, 382, 383, 384, 385
and 386 and SPS 305 and all amendments thereto are hereby adopted and by reference
made a part of this chapter with the same force and effect as though set out herein in full.
Failure to comply with any of the provisions of said statutes or code, whether subsequently
amended or renumbered, shall constitute a violation of this section, punishable according
to the penalties provided herein.
SECTION 17. That Section 20 -4(A) of the Oshkosh Municipal Code pertaining to
Duties of Inspector is hereby repealed and recreated to read as follows:
(A) Generally
Generally, it shall be the responsibility of the Plumbing Inspector to establish and
carry out the city's program to enforce the requirements of Chapter 145, Wisconsin
Statutes; Department of Safety and Professional Services code, and municipal
plumbing code and relative laws. He shall also perform such other appropriate
duties as may be prescribed by the City Manager. The Plumbing
Inspector /Pretreatment Control Coordinator shall also be responsible to enforce the
Department of Natural Resources Environmental Protection NR 111.25 code.
SECTION 18. That Section 20- 8(A)(3), last paragraph of the Oshkosh Municipal
Code pertaining to Plumbing Permits, Plan Examinations and Approval is hereby repealed
and recreated to read as follows:
$7.00 for each fixture whether a new installation or a replacement and all plugged
openings for future fixture connections. Such schedule shall apply to the following
list of fixtures: all trapped fixtures, all styles and descriptions of sinks, water
closets, bathtubs, shower baths, wash basins, bubblers, drinking fountains, garbage
disposals, laundromats, laundry tubs, dishwashers, floor drains, water softeners,
water treatment devices, urinals, water heaters, water storage tanks (potable), catch
basins, interceptors or pretreatment tanks for sanitary waste, sump pumps, ejectors,
roof leaders, local waste pipes for bar and soda fountains, and fire protection
services when no plumbing fixtures are installed, or any items not specifically listed
that are directly connected to the storm or sanitary drain, waste and vent system or
potable water distribution system and covered under Chapters SPS 382 through
384 inclusive, Wisconsin Administrative Code.
SECTION 19. That Section 20 -8(B), of the Oshkosh Municipal Code pertaining to
Plumbing Permits, Plan Examinations and Approval is hereby repealed and recreated to
read as follows:
(B) Plan and Specification; Review and Approval
The City of Oshkosh has been designated as an Agent Municipality by the
Department of Safety and Professional Services of the State of Wisconsin pursuant
to Sections SPS 382.20 and SPS 305, Wis. Adm. Code. Procedures for review and
approval of plans and specifications, as set forth therein, shall be followed.
SECTION 20. This ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 21. Publication Notice.
Please take notice that the City of Oshkosh enacted ordinance #12 -XXX A GENERAL
ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING CHAPTER
7, SECTION 7 -13(C) (UNNUMBERED PARAGRAPH) & 7- 13(C)(2) BUILDING PLANS TO
BE SUBMITTED; SECTION 7 -23 EXCAVATION NOTICE TO ADJOINING OWNER;
SECTION 7 -33 APPEALS FROM RULINGS OF BUILDING INSPECTOR; SECTION 7-
34(A), (B), & (C) STATE BUILDING CODE ADOPTED; SECTION 7- 35(A)(1) & (3)
FOUNDATION REQUIREMENTS; AND SECTION 7 -38(B) CONCRETE STANDARDS;
AMEND CHAPTER 11, SECTION 11 -2 NATIONAL AND STATE ELECTRICAL CODES
ADOPTED; AMEND CHAPTER 16, SECTION 16 -33(6) MINIMUM STANDARDS FOR
EQUIPMENT AND FACILITIES; SECTION 16 -38(C) DWELLINGS AND DWELLING
UNITS WHICH MAY BE OCCUPIED; HOUSING INSPECTOR — DETERMINATIONS;
ORDERS; TIME FOR COMPLIANCE — EXTENSION; BUILDING INSPECTOR — STATE
LAW; SECTION 16 -39(A) ROOMING HOUSES —STATE ADMINISTRATIVE CODES; AND
SECTION 16- 45(B)(1)(a) MINIMUM REQUIREMENTS; SPECIFICATION OF MINIMUM
STANDARD; AMEND CHAPTER 20, SECTION 20 -2 STATE PLUMBING CODE
ADOPTED, SECTION 20 -4(A) DUTIES OF INSPECTOR; AND SECTION 20- 8(A)(3) &20-
8(B) PLUMBING PERMITS, PLAN EXAMINATIONS AND APPROVAL, on June 26, 2012.
The ordinance amends and updates language to refer to updated and renumbered
provisions of the State Administrative Code and City Municipal Code.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215
Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone
920/236-5011.
TO: Honorable Mayor and members of the Common Council
FROM: Allen Davis, Community Development Director
DATE: June 7, 2012
SUBJECT: Amend Municipal Ordinances related to Administrative Code Updates for
Building, Electrical, Housing and Plumbing Codes
1M.0141.Ca IGHLI 1]
The State of Wisconsin recently transferred the responsibilities for- administering State
Building, Electrical, Housing and Plumbing Codes from the Department of Commerce to
the Department of Safety and Professional Services. This change triggered a revision in
State Administrative Code related to this transfer.
City building code adopts the State Administrative Codes by reference. The proposed
Ordinance Amendment updates the name of the responsible State Department to the
Department of Safety and Professional Services, The City code amendment will also
incorporate the new numbering system for the transferred Administrative Code sections.
ANALYSIS
There is no change to State or City building, electrical, plumbing and housing codes. The
proposed amendment is a housekeeping item that just references the new Department of
Safety and Professional Services and the new numbering system for the Administrative
Code.
RECOMMENDATION
The City Council approves the municipal ordinance amendment.
FISCAL IMPACT
There is no effect on the City's 2012 budget or finances.
Approved,
City Manager