HomeMy WebLinkAbout90-15 April 5, 1990 Apri 1 19, 1990 # 583 #90-15 ORDINANCE
(A�tRI�AD ING LOSTECOND READING�ID OVER WITHDRAWN )
PURPOSE: AMEND BUILDING CODE
INITIATIED BY: CODE ENFORCEMENT DIVISION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 7-
13 , 7-23 , 7-34, 7-35, 7-37, 7-39-, 7-40, 7-54, 16-33 (A) (7) , 16-45
(B) (4) , 18-79 . 1, 20-8 (A) OF THE OSHKOSH MUNICIPAL CODE PERTAINING
TO BUILDINGS, SMOKE DETECTORS, PROPERTY MAINTENACE, PLUMBING FEES
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Sections 7-13, 7-23, 7-34, 7-35, 7-37, 7-
39, 7-40 and 7-54 of the Oshkosh Municipal Code pertaining to
buildings are amended by replacing "Ind. " or "IND. " with "ILHR" .
SECTION 2 . That Section 7-34 (B) (2) of the Oshkosh Municipal
Code pertaining to dwelling unit standards is repealed and
recreated to reael as follows:
(B) (2) All of ILHR Chapter 21 (Construction Standards)
except as noted in subds (a) thru (h) below.
(a) ILHR 21. 03 (2) shall not apply to dwellings
which do not already conform with this section.
(b) ILHR 21. 03 (3) shall not apply to dwellings
which do not already conform with this section.
(c) ILHR 21. 03 (6m) (b) 1. shall not apply to
non-conforming windows existing prior to June 1,
1980. (Specifies minimum egress window size) but
shall apply to windows in basement bedrooms.
(d) ILHR 21. 03 (7) shall not apply to non-conforming
doors existing prior to June 1, 1980. (Specifies
minimum door sizes) .
(e) ILHR 21. 03 (8) and (9) shall not apply to non-
conforming hallways or passac�eways existing prior
to June 1, 1980. (Specifies minimum widths)
(f) ILHR 21. 04 (3) (Stairway Requirements) shall apply
to new and existing stairs which already comply
with this code section. Existing stairways not
meeting the requirements of ILHR 21. 04 (3) shall
comply with the following:
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. � April 5, 1990 #583 ORDINANCE
April 19, 1990 #90-15
1. The dimension of the riser shall not exceed
the dimension of the tread.
2 . The treads and risers shall not vary in
uniformity by more than 3/16 of an inch for
the entire length of a stairway.
3 . No flight of stairs shall exceed 12 feet in
height unless landings are provided.
(g) ILHR 21. 06 shall not apply to houses built prior
to June l, 1980 that do not already compl� with
this section. (Specifies minimum ceiling heights)
(h) ILHR 21. 04 (2) (c) 1. shall not apply to guardrails
existing prior to June 1, 1980.
SECTION 3 . That 5ection 7-34 (B) (4) of the Oshkosh Municipal
Code pertaining to exits and balconies is repealed and recreated
to read as follows:
(4) All of ILHR Chapter 22 (Energy Conservation) shall
apply to new additions. These requirements shall
also apply to remodeling of homes built prior to
June 1, 1980 when the walls are stripped down to
the studs and are readily accessible to be insulated.
SECTION 4. That Sections 7-34 (B) (5) and (6) of the Oshkosh
Municipal Code is repealed.
SECTION 5. That Section 16-33 (A) (7) of the Oshkosh
Municipal Code pertaining to smoke detectors is repealed and
recreated to read as follows:
(7) Smoke Detectors
Effective October 1, 1985, all dwelling units, vacant
or occupied, subject to the provisions of this Article
shall be provided with a working, approved, listed and
labeled smoke detector in the basement and on each
floor of the dwelling unit except in the attic or
storage area of said dwelling units.
The owner or person in charge shall be solely
responsible for the installation and maintenance of the
smoke detectors and for battery replacement as required.
The tenant shall be responsible for informing the owner
in writing of any smoke detector malfunction, including
the need for a new battery.
The owner or person in charge shall immediately upon
receipt of written notice from the tenant repair or
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� April 5, 1990 #583 ORDINANCE
April 19, 1990 #90-15
replace the smoke detector or replace the battery.
The owner, person in charge or tenant shall not
disconnect or remove batteries from smoke detectors
except at the time of battery replacement.
The owner or person in charge shall replace the battery
at the beginning of a new lease or new tenancy and
shall replace the battery annually.
The owner or person in charge shall furnish to the
tenant at the beginning of a new lease or new tenancy
written notice of the responsibilities of the tenant
and the obligations of the owner regarding smoke
detectors, batteries and maintenance.
SECTION 6. That Section 20-8 (A) of the Oshkosh Municipal
Code pertaining to plumbing permits, plan examination and
approval, the introductory paragraph only, is repealed and
recreated to read as follows:
(A) Permits
No person shall perform or permit the performance
of any plumbing work, as defined by state statute
or regulation adopted by reference as a part of
this Code, unless a permit therefor shall first
have been obtained as hereinafter provided.
SECTION 7. That Section 20-8 (A) (3) of the Oshkosh Municipal
Code pertaining to fees is amended by repealing the last
paragraph ($4. 00) and recreating it to read as follows:
$4 . 00 for each fixture whether a new installation or a
replacement and all plugged opeinings 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 ILHR 82 through 84 inclusive, Wisconsin
Administrative Code.
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April 19, 1990 #90-15
SECTION 8. That Section 18-79. 1(D) of the Oshkosh Municipal
Code pertaining to penalties for public nuisance affecting
property usage is relettered as paragraph (E) and new paragraph
(D) is created to read as follows:
(D) Every owner or operator of residential or
nonresidential structures shall be responsible for
the extermination of any insects, rodents,
pigeons, or other pests when the infestation is
caused by failure of the owner or operator to
maintain the building in a rodent or pigeon proof
or substantially insect proof condition. All
openings or areas where rodents, pigeons and
insects might enter the building shall be
effectively sealed.
SECTION 9. That Section 16-45 (B) (4) of the Oshkosh
Municipal Code pertaining to minimum housing code is repealed and
recreated to read as follows:
(4) The occupant or occupants of a room in a rooming house
shall be responsible for maintaining the room in a
clean condition and ensuring that the smoke detector
installed by the owner or operator is checked
periodically and is functioning properly. The owner or
operator of every rooming house shall be responsible
for the maintenance of a clean condition in all
communal areas and unoccupied rooms of the rooming
house and shall ensure that a smoke detector is
installed in each sleeping room, vacant or occupied,
and is in working order.
SECTION 10. This ordinance shall be in full force and
effect from and after passage and publication.
SUBIv1ITTED BY
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